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1926 Supreme(All) 259

BOYS, SULAIMAN
Mt. Ram Kali – Appellant
Versus
Mt. Gopal Dei – Respondent


JUDGMENT

Sulaiman, J. - This is a defendant's appeal arising out of a suit for possession of a half share in certain properties. The parties are own sisters and are the daughters of Mt. Rampiyari and the grand-daughters of Mt. Sahodra. In the plaint it was stated that Mt. Sahodra was the absolute owner of the entire estate and after her death her daughter Rampiyari came in possession of it as a life-tenant by right of inheritance, and that Mt. Rampiyari died on the 12th of December 1917, leaving daughters, the plaintiff and the defendant. These facts were admitted in the written statement. The plaintiff claimed a half share on the ground that she was entitled to the estate equally with the defendant.

2. The main pleas raised on behalf of the defendant were a denial of the plaintiff's right and a further plea that the defendant, being unmarried at the time of Mt. Rampiyari's death, had preference as against the plaintiff who was married. The plaintiff's claim has been decreed for a half share. In this case it is an admitted fact that the entire estate was the absolute property of Mt. Sahodra and was her stridhan and that she had an absolute power of disposal over it. It is also an adm

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