( 1 ) THIS is a second appeal by the plaintiff. A suit was instituted in the Revenue Court under section 226, Agra Tenancy Act of 1926 by Rani Roop Kunwar for the recovery for profits for the years 1341, 1342 and 1343 Fasli of her share of property of Mohal Bhup Singh Kabza No. 1 in village Rachhoha against Diwan Gokaran Singh son of Diwan Chet Singh, the lambardar of the Mohal. The defence raised on behalf of Diwan Gokaran Singh was that the husband of the plaintiff, namely, Th. Thamman Singh died in a state of jointness with the defendant, and the property in suit being joint ancestral property, the plaintiff could not succeed to it, and the property devolved on Diwan Gokaran Singh by a right of survivorship under the rules of the Mitakshara law. The Revenue Court framed an issue, namely, whether the family ceased to be a joint family about 20 years ago in the life-time of Th. Thamman Singh, and the Revenue Court referred that issue to the Civil Court for a finding. When the issue was received by the Munsif of Fatehabad at agra for determination, the learned Munsif considered that the main question for decision was whether Th. Thamman Singh had separated from his brothers