- (1.) Leave granted.
(2.) One Smt. Laljhari Devi, maternal grandmother of the appellant and widow of one Kamla Prasad Singh filed Suit No.106 of 1941 for partition of the Hindu joint family property. A compromise decree dated 2nd May,1942 was made for maintenance, wherein a life estate for residence in portion of the residential house was provided for her. In 1956, Title Suit No. 100 of 1956 was filed in which Laljhari Devi was impleaded as 15th defendent. it would appear that since one of the issues could not be tried by the Civil Court, a reference was made to the Revenue Court and a finding in the behalf was called for. After its receipt without further notice to her, she was set ex-parte, the other contesting coparceners entered into three compromises and a preliminary decree was passed thereon in which the rights secured by Laljhari Devi in her suit No. 106 of 1941 were not reiterated. The preliminary decree became final. Subsequently, in the final decree proceedings she had appeared and made her objections expressly stating on September 30, 1967 that the life estate or right to residence should be preserved and the same may be separately demarcated thus: "That this opposite party is an aged and 'Paradanasin' lady of a highly respectable family and she being in the sole occupation of the residential portion of Sadhana House" aforesaid and more fully detailed at the foot of this petition and she being in peaceful exclusive possession over the same from a long number of years, improving and maintaining the same and the same being recognished by the parties, it is necessary, just in the ends of justice that her exclusive possession over the zanana portion of "Sadhana House" be kept in tact and be not disturbed by any of the parties till her life time, and the final decree be ordered to be prepared in such a way that the portion in her occupation as said forth above be not disturbed in any way."
(3.) It would appear that the Advocate-Commissioner appointed in the final decree proceedings separately demarcated the portion in which Laljhari Devi was residing. She continued to live therein and Laljhari Devi died on 10th July, 1984.;