H.S. CHATURVEDI, J. :- This special appeal by the plaintiffs arises out of a suit for possession. The facts of the case are not disputed. One Ram Harakh Singh was the last male owner of the property which is involved in this suit. In the year 1916, he was murdered by his first two cousins, namely Ram Anand Singh and Ram Narain Singh, sons of Chandika Singh real brother of Ram Harakh Singhs father. Both the brothers, that is, Ram Anand Singh and Ram Narain Singh were prosecuted and ultimately convicted under S. 304, I.P.C.

2. On the death of Ram Harakh Singh, his widow succeeded to the estate of her husband as a Hindu widow, and in that capacity she remained in possession of her husbands property till her death in 1933. She was survived by her daughter, Menda Kaur, but she could not succeed because of a family custom which excluded daughters from inheritance. Ram Anand Singh and Ram Narain Singh were in possession of the property of Ram Harakh Singh when this suit was filed in 1945 by Maharaja Singh and his transferees.

In the pedigree of the family, Maharaja Singh belongs to the line of Gajgah Singh while Ram Anand Singh and Ram Narain Singh who were impleaded as defendants