( 1 ) THIS is a plaintiffs appeal arising out of a suit for possession and for recovery of Rs. 337-8-0 as mesne profits.

( 2 ) THE case first came up for hearing before a learned Single Judge of this Court and as in his opinion it raised an important question of law on which there was a divergence of judicial opinion he referred it to a Division Bench.

( 3 ) THE facts giving rise to the aforesaid appeal are as fallows :

The plaintiff is the widow of one Sudama who died in 1935, as an unseparated member of a joint Hindu family consisting of himself, his father Ra-ghunath and the defendants. In 1937 raghunath separated from the defendants and became the sole surviving co-parcener qua the properties which fell to his lot in that partition. He died on 17-11-1942, leaving the plaintiff, the widow of his predeceased son, as the sole representative of his branch of the family. On 26-9-1945 the defendants succeeded in obtaining mutation in respect of Raghunaths properties from the Revenue Court and hence the present suit by the widowed daughter-in-law of raghunath. The case of the plaintiff was that as the properly left by Raghunath was his separate property within the meani