JOTE SINGH Vs. CHOKHEY SINGH

JUDGEMENT

(1.) The suit out of which these appeals arise relates to the right of succession to the property of one Munnu Singh, who died childless on the 24 May 1896. The property consists of shares in some thirty villages in the District of Sitapur, in the Province of Ondh. The claimants are Jote Singh, the only surviving brother of the deceased, and Chokhey Singh and Gajraj Singh, his nephews, the sons of a brother who had predeceased him.

(2.) It is not disputed that, under the ordinary Hindu law applicable to the family, Jote Singh was the nearest heir and entitled to succeed to the whole estate. His nephews, however, sought to defeat his claim on various grounds. They alleged that they had been joint with Munnu Singh during his life-time, and that he had made an oral will in their favour. Both Courts in India found against them on these points. They set up a family custom, whereby brothers and brothers sons are entitled to succeed together, but they entirely failed to establish such a custom. They further asserted a compromise--and this was the only ground argued before their Lordships--under which they claimed to have acquired a half-share in the estate, by agreement with Jote Singh.

(3.) There is no doubt that by au order of the 5 November, 1896, mutation of names in respect of Munnu Singh's property was effected in the following manner, viz., one half into the name of Jote Singh and one half into the Dames of Chokhey Singh and Gajraj Sirgh, the former, being the elder, having a slightly larger share. But this mutation of names by itself confers no proprietary title, and it was therefore sought to prove that it was the result of a valid compromise made at the time of the mutation proceedings, and that Jote Singh was thereby estopped from asserting his present claim. Both Courts in India have found as a fact that there was no such compromise and their Lordships see no reason to dissent from the conclusion at which they arrived. It was, however, argued before their Lordships that the Courts below had not given sufficient attention to a document (Exhibit A- 1) signed by the three claimants in the mutation proceedings, in which it is stated that- Jote Singh, own brother of the deceased, is in possession of half of the haqqiat of the deceased, and Chokhey Sinfh and Gajraj Singh in equal shares, after deducting the jethansi right of Chokhey Singh at the rate of 4 per cent. are in possession of the other half of his share. There is no other legal heir except the deponents. The mutation in respect of the deceased's share in all the villages should be allowed and nobody has any objection thereto.