M. Y. EQBAL, J.

( 1 ) THIS appeal by the defendant is against the judgment passed by the appellate Court affirming the judgment of the trial Court.

( 2 ) ONE of the substantial questions raised by Mr. Debi Pd. , learned Senior Counsel for the defendant-appellant is that the court below has committed grave error of law in holding that both the plaintiff and the defendant will get half share in the suit property. The substantial question of law which the learned counsel seeks to frame is that since original owner died leaving behind his widow and two sons, the share of the widow will be inherited by her own son and not by the step son. Both the Courts below have come to a finding that the plaintiff and the defendant will get half share in the suit property.

( 3 ) THE recorded tenant Janardhan Jha had two wives. From first wife Chakradhar jha was the son and from the second wife another son was Kedar Jha who died in 1968 leaving behind his widow who is plaintiff No. 1 and Kedar Jha is defendant No. 1. The second Wife of Janardhan Jha, namely, kanti Jha died in 1977.

( 4 ) ON these admitted facts certainly defendant would have inherited 2/3rd share had the widow of Janardhan