PHOOL KUER Vs. MT PERN KUER AND AFTER HER DEATH BOHRE MANOHAR LAL ANCR ANOTHER

JUDGEMENT

(1.) THE dispute in this appeal concerns the zemindari and house properties last owned by Shah Chiranji Lal who died at a young age on the 14/05/1913, leaving him surviving a widow, Mst. Khem Kuer, and his mother Mst. Mohan Kuer, besides a number of collaterals, indicated in the pedigree table below :--

(2.) MST. Khem Kuer, the young widow of Shah Chiranji Lal was murdered on the 28th August 1919 and MST. Mohan Kuer, the mother, died on the 5/12/1932. MST. Prem Kuer, the respondent in the appeal, claiming herself to be the heir to Shah Chiraji Lal as his sister, brought the suit giving rise to this appeal in the court of the civil judge, Agra, against, amongst others, MST. Phool Kuer, the present appellant, for recovery of possession of the properties of Shah Chiranji Lal and mesne profits.

(3.) TWO main points which are in controversy In this appeal and require consideration, are,