CHHATERPATI PRATAP BAHADUR Vs. LACHMIDHAR PRASAD SINGH

JUDGEMENT

(1.) THESE are two consolidated appeals from a judgment and two decrees of the High Court of Judicature at Patna, dated May 9, 1939, confirming a judgment and two decrees of the Subordinate Judge of Gaya, dated June 5, 1934.

(2.) THE family with which this litigation is concerned is governed by the Benares school of the Mitakshara school of Hindu law. It consists of two branches which have been settled for many years at Rusi and Kaira respectively. THE annexed pedigree of the family is taken from one which was proved to the satisfaction of the trial Court and was undisputed in the High Court.

(3.) IN July, 1872, Jugal Kishore and Sri Kishun died. IN September, 1873, Bachu dedicated six villages out of the Lakhaipur Estate to a temple established by him. IN 1874 Bachu died and was succeeded by Mahabir, his only son. Mahabir came to an agreement with Anandi Koer, widow of Jugal Kishore, who claimed that her husband had been joint with Bachu. By the said agreement she relinquished her estate in Bachu's favour in consideration of a maintenance grant. Bachu also came to terms with Ram Kewal Koer, a daughter of Sri Kishun, who had filed a suit against him and her sister Raj Kishori, claiming certain property, on the footing that her father had been separated from his two brothers.