SATISH CHANDRA, J. :- Sheo Harakh died leaving three sons, Ram Rup, Ram Jag and Ram Sundar. He left a large property, including many occupancy tenancy plots. One of his sons, Ram Sundar, died in 1939, and was succeeded by his widow Smt. Phulbasi. Differences having arisen between her and the brothers of her husband, she filed a suit for partition, claiming a one-third share in the family properties. She pleaded that her husband, Ram Sundar, was separate from the other brothers, that occupancy tenancy holdings were governed by personal law in matters of succession, and that she, as the heir of her husband, had inherited a one-third share. The other members of the family contested the suit. They pleaded that Ram Sundar had died as a member of the Hindu undivided family and his interest went to his other brothers by survivorship.

2. During the pendency of the suit the parties settled their dispute outside court. Smt. Phulbasi recognised that her husband had died in a state of jointness with his brothers, and that the entire property was joint family property. The defendants recognised that Sm. Phulbasi was entitled to maintenance, in lieu of which she was given a large number