JUDGEMENT

Appeal (No. 109 of 1933) from a decree of the High Court (April 7, 1931) varying a decree of the Subordinate Judge, First Class, Ludhiana (November 3, 1924).

One Harbans Lal, a Thapar Khatri of Ludhiana, died sonless on September 20, 1900, leaving him surviving a widow, Musammat Biro, the present appellant, and a minor unmarried daughter, Musammat Ishri, by a predeceased wife. The widow, purporting to act under the terms of a will of Harbans Lal, dated August 24, 1900, took possession of the whole of his estate, which consisted of movables and of agricultural land and house property. By her will, dated July 6, 1920, she stated that she had given u half share in a haveli (house) situate at Lucha Bazar, and about 21 bighas of culturable land to her relative, Bhagat Ram, and she also bequeathed various properties for certain charitable and educational purposes.

The respondents, who claimed to be the reversionary heirs of Harbans Lal through a common ancestor, Mauja Mal, brought the present action on January 4, 1922, against Musammat Biro and Bhagat Ram alleging that Musammat Biro as a Hindu widow had a right to be in possession of her husbands property merely for Maintenance