MUKERJI, SULAIMAN
Lakshmi Narain Misir – Appellant
Versus
Musammat Sumarti Kunwar – Respondent
JUDGMENT
Sulaiman, J. - This is a plaintiffs' appeal arising out of a suit for recovery of possession. Both the courts below have dismissed the claim.
2. The property in dispute belonged originally to one Kesri Mal alias Kesri Singh, who admittedly died some time before the mutiny. On his death he left a widow Musammat Chunno and two daughters Musammat Durga and Musammat Cheno and also a sister's son Baijnath. Before his death. Kesri Mal is said to have executed a document, dated the 28th of January, 1838, the genuineness of which was challenged by the plaintiffs in the courts below. Both the courts below, however have found that this was a genuine document and that finding is a finding of fact.
2. The terms of this document are admittedly very vague and ambiguous. We have had the original read over to us and there can be no doubt that the language of this document is at places ungrammatical and not quite clear. On the whole, however, I do not find it possible to differ from the interpretation put on it by the courts below. What the lower appellate court has understood this document to mean is as follows: The testator made a bequest of his property in favour of four persons, his widow
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