CHHATERPATI PRATAP BAHADUR SAHI 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 9-5-1939, confirming a judgment and two decrees of the Subordinate Judge of Gaya, dated 5- 6.1984.

(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 winch 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.) The only question in these appeals is whether Sarabjit (a near cognate or bandhu) or Sia Prasad Singh (a more remote agnate or gotraja) was entitled to the property left by Ram Dulari Koer. Both Courts in India have held that Sia Prasad Singh was so entitled.