JUDGMENT

Lindsay and Kanhaiya Lal, JJ. - The dispute in this appeal is confined to a 13 biswas and odd share in the village Chalautha which was held by Musammat Chetni, the widow of Kanhai Lal, and the question for consideration is whether she had made a valid suphal sankalp of the same in favour of Lachhman Prasad, a priest of Gaya, so as to bind the members of the family to which her husband belonged or his reversionary heirs.

2. Kanhai Lal had died in the life-time of his father Shib Dayal. The allegation of the plaintiffs was that Shib Dayal and Kantoai Lal lived separately, that the property in dispute was the separate property of Kanhai Lal, and that on his death it devolved on Musammat Chetni as a Hindu widow. They denied that any gift had been made or could have been validly made by Musammat Chetni in favour of Lachhman Prasad. Shib Dayal died in 1902. Musammat Chetni died in 1916. One of the plaintiffs, Ram Lal, claimed to be the son of one of the sisters of Kanhai Lal, and also claimed to have acquired by purchase the shares of the sons of the other sisters of Kanhai Lal. The other plaintiff, Raja Fateh Singh, claimed to have purchased a half share of the property in questi