Allahabad Court March 1919 Judgments

Balbhader Prasad and ors. Vs. Prag Datt and ors.

Court: Allahabad

Reported in: AIR1919All175(2); 50Ind.Cas.938

1. The parties to this appeal are descended from a common ancestor except defendants Nos. 2 and 6. One Saheb Rai Shukul, as the pedigree given at page 9 of the paper-book will show, had three sons, namely, Debi Din, Bhawani Din and Jeorakhan. We are concerned here with the descendants of Bhawani Din and Jeorakhan only. The plaintiffs in the present case are two of the grandsons of Bhawani Din and the defendants with the exception of defendants Nos. 2 and 6 are the descendants of Jeorakhan, Jeorakhan died more than 45 years prior to the institution of the suit leaving him surviving a widow Musammat Sita Kunwar and three daughters Musammat Makhan Kunwar, Musammat Rani Kunwar and Musammat Tulsha Kunwar. Jeorakhan had adopted one of his nephews, namely, Sheva Das, who predeceased him. Sheva Das left two children; a son and a daughter called Balgobind and Musammat Bakhta Kunwar respectively. Balgobind predeceased Jeorakhan, Musammat Bakhta Kunwar is the mother of Balbhadar Prasad, defendant...