JUDGMENT

1. Bama Charan Misra, the common ancestor of the parties to this litigation died leaving five sons, Rarn Gobinda, Radha Gobinda, Broja Govinda, Nil Govinda and Dole Gobinda. The family is admittedly governed by the Mitakshara school of Hindu law. Those five sons lived as members of a joint family. Dole Gobinda had no male issue. He died in September 1928 leaving a widow. Dole Gobinda's interest in the joint ancestral properties accordingly passed by survivorship to his four brothers. At the date of the in stitution of the suit of the sons of Bama Charan only Nil Gobinda was alive. He was, however, then a lunatic, having become insane at a comparatively early age. He died after the decree of the lower Court leaving a daughter and daughter's sons and his sonless widow, Khanta Mayi. Khanta Mayi has been substituted in his place. She is one of the respondents in First Appeal No. 140 and the sole appellant in First Appeal No. 152.

2. Radha Gobinda died without leaving direct male descendants on 5th June 1937 after the Hindu Women's Rights to Property Act (18 of 1937) bad come into operation. The plain, tiff, Srimati Rukmini Debi, is his widow. On 25th February 1939 she instituted