JUDGMENT

V.D. Bhargava, J. - The facts of the case will be clear from the following pedigree :

                                        SARJU RAI                __________________|______________               |                                                        |         Babban Rai = Pyari                 Dulari = Jamuna Prasad.               |                                   ____________|_____________         Avad Behari = Pana              |                                            |               |                           Shambhu Saran                         Bhairon         Kumari Radhika              alias Jai Shankar                        Prasad                                               Prasad

2. Sarju Rai's son Babban Rai had not been known for more than past 11 years and will be presumed to be dead, and his grandson Avad Behari had pre-deceased him. In 1953, in Sarju Rai's family, besides Sarju Rai there were only Smt. Pyari widow of Babban Rai, Smt. Pana widow of Avad Behari and Kumari Radhika great grand-daughter of Sarju Rai. Smt. Dulari the daughter of Sarju Rai was married to Jamuna Prasad whose sons are Shambhu Saran and Bhairon Prasad.

3. On 13-3-1953 Sarju