JUDGMENT

1. The suit out of which this appeal arises was brought under the following circumstances. One Jai Ram was the owner of certain Immovable property. Upon his death in 1910 disputes arose between his widow Musammat Bibi Kunwar and his nephew Baijnath. The former alleged that Jai Ram was separate and that she, as his widow, was entitled to his property. Baijnath, who was the brother's son of Jai Ram, asserted that he and Jai Ram were members of a joint family, and that, therefore, upon Jai Ram's death he succeeded to the property by right of survivorship. These disputes were raised in mutation proceedings. The Court of first instance held that the family was joint and ordered the name of Baijnath to be entered in the revenue papers. This order was passed on the 23rd of December 1910. On appeal the aforesaid order was set aside and the Appellate Court held on the 18th of April 1911 that Bibi Kunwar was entitled to the property, her husband having been separate from his nephew, and directed her name to be entered. Upon the passing of the order of the Court of first instance Baijnath lock possession and between the date of the order of the first Court and that of the order of the