KAMAWATI Vs. DIGBIJAI SINGH

JUDGEMENT

(1.) This is an appeal from a judgment and decree, dated January 30, 1917, of the High Court of Judicature for the North-Western Provinces at Allahabad, which reversed a judgment and decree of the Additional Subordinate Judge of Moradabad, dated August 12, 1915.

(2.) The suit was instituted by the appellant, as the sister's daughter of one Kunwar Randhir Singh Sahib, deceased, to recover from the respondent (who, as his surviving brother, was in possession of his estate) a one-twelfth share of that estate. To this one-twelfth share the appellant would be entitled to succeed under the provisions of the Indian Succession Act. This would be so, Kunwar Randhir Singh having died a Christian, and the Act accordingly regulating the succession to his estate. An argument will be hereafter noted which challenges this proposition and alleges that in the circumstances of Randhir and his family it must be concluded that the Indian Succession Act does not apply to his case, and that the succession to his property is governed by the Mitakshara law.

(3.) The defendants, however, substantially found their case upon the existence of a deed, dated April 29, 1912, whereby the plaintiff is alleged to have relinquished all her rights in respect of her inheritance. It is part of the plaint accordingly to have this deed declared invalid. Its annulment was decreed by the Subordinate Judge, but the High Court have upheld it.