Sir Shadi Lal:-

On 23rd August 1915, three persons, namely Mahesh, his son Rijhawan, and his nephew Inderdeo, granted a muquarrari (permanent lease at a fixed rent) of a plot of land measuring about 40 bighas, situated in Telhara in the district of Motihari, to one Ganesh Raut. The plaintiff, Mt. Anurago Kuer, who is the widow of one Sitaram, a brother of Mahesh's father, Kesheo, laid claim to a moiety of the land on the ground that it belonged to her husband, and that on his death it devolved upon her and her co-widow Rajo Kuer. The latter widow died in 1923, with the result that the plaintiff became the sole owner of her husband's estate. On 22nd August 1927, a day before the expiry of the prescribed period of limitation, she brought the present suit for the recovery of her husband's share of the land against the lessee, who died during the pendency of the suit and is now represented by his successors-in interest. The lessors also were impleaded as defendants, but they have not defended the suit. The Subordinate Judge at Motihari, who tried the case, allowed her claim; but on appeal by the lessee's representatives, the High Court of Judicature at Patna reversed the decree granted