BABU RAM NARAIN CHAUDHURY Vs. MUSAMMAT PAN KUER

JUDGEMENT

(1.) THESE are consolidated appeals from four decrees of the High Court of Judicature at Patna, dated January 30, 1929, which reversed two decrees of the Subordinate Judge of Patna, dated February 26, 1927.

(2.) THE original appellant, Ram Narain Chaudry, was plaintiff in the two suits in which these decrees were made and which were instituted by him in 1924, but he has recently died and the present appellants are his personal representatives. THE main question, which is common to both suits, is whether the original appellant was entitled to succeed to the whole estate of Ram Kishore Chaudry, who died on July 27, 1917, or otherwise to one-half thereof.

(3.) BIDHI died in March, 1895, predeceased by his brother Dubhri. Family disputes resulted in a partition, the family property being partitioned under an award dated July 14, 1896, in half shares as between Shankar on the one hand and Lal Narain and Lachmann, on the other hand. The joint family at that time consisted of Shankar and his two sons, Kunj Bihari and the original appellant, and Lal Narain and Lachmann, along with the latter's son, Kishore, if then in existence. In the view that their Lordships take, it is unnecessary to decide whether Kishore was then in existence. The appellants found on an ekrarnama or agreement between Shankar, Lal Narain and Lachmann made in July, 1896, the genuineness and effect of which is in dispute and which will be referred to later.