LAKHMI CHAND Vs. MUSAMMAT ANANDI

JUDGEMENT

(1.) This is an appeal from a decree, dated November 2, 1922, of the High Court of Allahabad, which confirmed a decree, dated July 18, 1919, of the Subordinate Judge of Meerut by which the suit had been dismissed.

(2.) The suit had been instituted in the Court of the Subordinate Judge on June 5, 1918, and by the plaint in it the three following declarations were claimed :- (a) The will, dated June 5, 1915, and registered on Jane 9, 1915, executed by the plaintiff and Baldeo Sahai. deceased, on account of its being against the rules of succession under the Hindu Law, is absolutely invalid and null and void and it has no effect upon the right of survivorship of the plaintiff in reaped) of the estate, business, the zanindari, landed and house properties, bonds, mortgage deeds, promissory notes, money-lending business with asamis on account-books, parole debts, cash, gold and silver ornaments, convey once, household and estate goods and articles of convenience and comfort, etc, of all kinds, belonging to the joint Hindu family. (b) Defendant No. 1 now has and defendants Nos. 2 to 5 will in future have no right of any kind in respect of the estate, business and zamindari properties, etc., given in relief A. (c) The plaintiff is the owner in possession of the entirs estate, business and zatnindari properties, etc., given in relief A,

(3.) The document in respect of which the declarations are claimed is described in the plaint as a joint will of Baldeo Sahai and the plaintiff Seth Lakhmi Chand, and is in the written statement of Musammat Anandi, the first and principal defendant, described as an iqrarnama, that is an agreement.