JUDGMENT
Blair and Aikman, JJ.
1. This is the suit of a plaintiff, who alleges that, failing the right of a Hindu widow of the Kurmi caste who has re-married to the property of her first husband, he is the heir. He impleads the person in actual possession of the property, who is the mother-in-law of the widow, the widow herself and her second husband. The question raised is one as to which there is a dear and absolute difference of opinion between the decisions of this Court and those of the Courts at Bombay and Calcutta, though there is indeed one case which has arisen in the Bombay High Court which has been decided to the same effect as the rulings laid down by this Court. The Allahabad decisions are in the cases of Har Saran Das v. Nandi I.L.R. 11 All. 330, and Dharam Das v. Nand Lal Singh Weekly Notes 1889 p. 78. Several unreported cases have all been decided in this Court in the same way. We see no reason to doubt the soundness of those decisions, which form, as far as we know, a consistent cursus curia in this Court. Another point was raised by the appellant to the effect that in the provisions of the wajib-ul-arz a custom was alleged to exist to the effect that a widow among the Kurmi caste who re-marries loses thereby the right to her husband’s property. It is found as a fact upon evidence by the fudge of the Lower Appellate Court that no such custom is proved. The appeal fails and is dismissed with costs.
