PRIT KOER Vs. MAHADEO PERSHAD SINGH

JUDGEMENT

(1.) DOMAN Singh, who died in 1806, had two sons, Dharam Singh and Ramdyal Singh. Dharam Singh died on the 13th July 1843, leaving two widows, Mussummats Chowrasu Koer and Bhup Koer, and a daughter who is the plaintiff in the suit and the present appellant. He had no other issue. Ramdyal Singh died on the 24th December 1839, leaving two sons, Bheodyal Singh and Ram Lal Singh. Sheodyal died in 1281 F.S. (1873-74) leaving sons and grandsons, who are defendants in the suit and now respondents. Ram Lal Singh was the first defendant. He died after the filing of his written statement in defence, and is now represented by his son Mahadeo Pershad, the first respondent. Both the widows of Dharam Singh are dead. Bhup Koer the plaintiff's mother survived Chowrasu. The date of her death was disputed, the defendants alleging that she died about 1865 and relying on the law of limitation. But it has been found by the first Court and the High Court that she died on the 3rd April 1875, as alleged by the plaintiff, and the suit having been commenced on the 21st March 1887 is not barred by the law of limitation.

(2.) THE plaintiff claimed as heiress of her father Dharam Singh, alleging that he was separate from his nephews Sheodyal and Ram Lal at the time of his death, and that the properties in dispute were his separate properties. The family was admittedly governed by the Mitakshara law, according to which a daughter is entitled, in the absence of sons, to inherit the separate estate of her father after the death of his widows. As it could not be disputed that Dharam and Ramdyal were at one time joint in estate, and Dharam and his nephews would also be so, the onus' was upon the plaintiff to prove that there had been a separation.

(3.) THE earliest documentary evidence is a bond dated the 15th September 1843. It purports to be made by Dusruth Lal, mokhtar of Mussummat Chowrasu Koer, wife of Dharam Singh, in favour of Kanhai Lal, who was then in possession of Sherpore, one of the disputed properties, under a zurpeshgi ijara granted by Dharam Singh. The bond alludes to the ijara, and creates a further charge upon Sherpore for the money then borrowed. It purports to be signed "Mussummat Chowrasu Koer, widow of Babu Dharam Singh. By the pen of Sheodyal Singh," and is witnessed by Dusruth Lal and Sheodyal Singh. The next document is a zurpeshgi ijara, dated the 28th June 1844. It purports to be made by "Dusruth Lal, mokhtar of Mussummat Chowrasu Koer, widow of Babu Dharam Singh, deceased." It refers to the ijara by Dharam Singh, and the further charge of the 15th September 1843, and to the term of the ijara having expired, and renews it for a further term of three years. This is signed by Dusruth Lal only, and has the seal of Chowrasu Koer. Sheodyal neither signs nor witnesses it.