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Banerji, J -
(1.) One Ganga Ram died about 40 years ago, leaving three sons, namely, Gopil and Bliupal, sons by his first wife, and Chunni, son by his second wife Musammat Udni, who also survived him. Ganga Ram owned a 21/2 biswa share in mauza Amba Madanpur, After his death a partition of the property took place, one-half being recorded in the names of the sons by his first wife and the other half being recorded as held in equal shares by Chunni and his mother Musammat Udni. Musammat Udni died in 1869. Her son Chunni is also dead, and the quarter share, of which she was recorded as in possession, is now held by the three sons of Chunni, who, with their mother Musammat Lado, are the defendants to this suit. The plaintiffs are the sons of Gopal and Bhupal. Their case is that Musammat Udni held the share which was recorded in her name by way of maintenance, and for her life-time only, and that on her death it should be divided amongst the grandsons of Ganga Ram per stirpes. They accordingly sue to recover possession of two-thirds of the share recorded in the name of Musammat Udni. The Court of first instance dismissed the suit, holding that the fathers of the plaintiffs had separated from their father Ganga Ram during his life-time, and that the defendants had acquired title by adverse possession. On appeal the learned Subordinate Judge differed from these findings, and coming to the conclusion that after the deatli of Ganga Ram a partition took place between his sons, under which the one-fourth share in question was assigned to Musammat Udni, held that she had only a life interest in the property, which, on her death, reverted to the heirs of Ganga Ram, and gave plaintiffs the decree they asked for. The defendants appealed to this Court. The main plea urged on their behalf was that the share which fell to Musammat Udni was her stridhan, and as such, the plaintiffs, sons of her stepsons, had no right to a share in it. The appeal was heard by a Judge of this Court sitting singly, who sustained the defendants plea, set aside the decree of the Subordinate Judge, and restored that of the Court of first instance. From that decision this appeal has been filed under the Letters Patent.
(2.) The whole argument has turned on the question whether, under, the Hindu Law applicable to these Provinces, the share which fell to Musammat Udni-in the partition which took place after Ganga Ram's death, became thereby her stridhan. It was admitted that if it was stridhan the plaintiffs were out of Court.
(3.) The question thus raised for our decision is one of considerable difficulty. We do not have for our guidance any decision of tin's Court, or of the Privy Council on the point. The case cited in the judgment of our brother Blair now under appeal, i.e. Bilaso V/s. Dina Nath (1880) I.L.R. 3 All. 88 decides that a Hindu widow who is entitled to an equal share with sons upon partition can claim that share not only against the sons, but also as against an auction-purchaser who has acquired the rights and interests of one of the sons before the partition. But it throws no light whatever on the question whether the share obtained by the widow becomes her stridhan.;
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