V.D.BHARGAVA, J. - (1.) THIS is an appeal from the decision of a learned single. Judge of this Court in a second appeal.
(2.) THE following pedigree is necessary in order to understand the facts of the case : DEBI DIN=TULSHA Ram Charan= Tulsha Ram Prasad=Brijrani Ram Sahai Ram Dei Ram Sarup=Ram Piari (alias Bari Bahu) (Alias Manjhli Bahu) O.S.P. | (alias Chhoti Bahu) Defendant 5 Defendant 1 | Plaintiff Munni(Dead) Shyam Behari=Ganga | | Shyam Manohar (Defendant 2) Jagdish Prasad Mahesh Prasad (Defendant 3) (Defendant 2) In November, 1913, Ram Sahai having died previously, Debi Din and his three surviving sons Ram Charan, Ram Prasad and Ram Sarup divided the family property by a private partition. Properties entered at (a) and (b) of list A attached to the plaint were allotted to Ram Charan and that at (c) was allotted to Ram Sarup.
(3.) RAM Charan died in November, 1917, and was succeeded by his widow Srimati Tulsha alias Ban Bahu who is defendant No 5 in this suit. She transferred half of the property of item (b) and whole of item (a) to Ram Sarup purporting to do so under the oral will of her deceased husband. The remaining half of item (b) she transferred by the same deed to Shiam Bihari and reserved to herself a maintenance allowance of Rs. 15/ - P. M. which she made a charge upon all the properties transferred.;