- (1.) THE facts of the case will be clear from the following pedigree :
(2.) SARJU Rais son Babban Rai had not been known for more than past 11 years and will be presumed to be dead, and his grandson Avad Behari had pre-deceased him. In 1953, in Sarju Rais family, besides Sarju Rai there were only Smt. Pyari widow of Babban Rai, Smt. Pana widow of Avad Behari and Kumari Radhika great grand-daughter of Sarju Rai. Smt. Dulari the daughter of Sarju Rai was married to Jamuna Prasad whose sons are Shambhu Saran and Bhairon Prasad. On 13-3-1953 Sarju Rai executed a deed of gift regarding Barnai property in favour of Shrimati Piari, Shrimati Pana, Kumari Radhika and one Ram Asre. This Ram Asre is the son of Janta Rai, and was supposed to be the would-be husband of Kumari Radhika, but marriage was not performed and has not been performed so far. On 21-2-1956 Suit No. 2253 of 1956 was filed by Sarin Rai for cancellation of the deed of gift qua Ram Asre Rai. It was mentioned in the plaint of that suit that after the coming into operation of the Hindu Womens Right to Property Act Shrimati Piari and Shrimati Panna had the right over the land and they had been living with the plaintiff, that he had no concern with Ram Asre defendant No. 1, nor any marriage had been settled of his great grand-daughter with him. Defendant No. 2 father of the defendant No. 1 got signature over certain papers and got fraudulently the deed of gift executed. It was, therefore, prayed that the deed of gift dated 13-3-1953 executed by Sarju Prasad would not give any right in favour of defendant No. 1, that is, Ram Asre and that it be declared by means of a decree that the plaintiff and Shrimati Piari, Shrimati Panna and Kumari Radhika are in possession over the property. A few days after the filing of the suit on 17-3-1956 Sarju Rai executed another deed of gift in favour of the sons of Jamuna Prasad, that is, Shambhu Saran alias Jai Shankar Prasad and Bhairon Prasad. This related to Koria property which was not the subject of the deed of gift of 13-3-1953. Soon after the execution of this deed of gift on 17-3-1956 Sarju Rai died. Four applications were made for substitution of names. One was made by Shrimati Piari who was already a defendant. The second was made by Shrimati Panna who was also already a defendant. The third was made by one Chhumman Rai, who claimed to be a collateral of Sarju Rai but he was no relation of the deceased and no relationship was disclosed. The 4th application was made by Shrimati Dulari and her sons Shambhu Saran alias Jai Shankar Prasad and Bhairon Prasad. The learned Munsif on 8-1-1957 substituted the name of Shrimati Panna and Shrimati Piari as legal representatives of the deceased Sarju Rai and dismissed the application of Chhumman Rai and of Shrimati Dulari and her sons. Against that order Jai Shanker Singh v. Ram Asre Rai, Civil Revision No. 214 of 1957 (All), has been filed which has also been listed before me and is being disposed of by a separate order. In this revision sons of Shrimati Dulari and Jamuna Prasad had relied on a will, which is alleged to be contained in the deed of gift dated 17-3-1956.
(3.) DURING the pendency of the suit a compromise was arrived at on 17-1-1957 between Shrimati Pana, Shrimati Piari on the one side and Ram Asre and his father Janta Rai on the other by virtue of which it was agreed that the property of Barnai would be deemed to be the property of Piari and Pana and Ram Asre and Janta Rai would have no concern with the property and that Piari and Pana would pay a sum of Rs. 2,000/- to Ram Asre partly which had been taken by them and for which a promissory note was executed by the ladies in favour of Janta Rai. Kumari Radhika was absolved in that suit.;