(1.) This is an appeal from the judgment and decree of the Subordinate Judge of Moradabad dismissing the suit of the plaintiffs for a declaration that one Lala Kunja Mal was a separated Hindu who owned a one-sixth share in the zamindari and house properties scheduled in the plaint, and that the deed of partition dated 14 June 1917 executed and completed by the principal defendants and several items of transfer made by some of them were void and ineffectual against the reversionary heirs of Kunja Mal.
(2.) A pedigree is given at p. 12 of the paper book which traces the family descent from Lala Nainsukh Mal. Kunja Mal was one out of six sons of Nainsukh. He had a son Faqir Chand, who predeceased him, leaving a widow Mt. Bishan Dei. It is not known when Faqir Chand died. Kunja Mal died on 10 or 11 April 1915 leaving a widow Mt. Gendo (defendant 26) and a daughter Mt. Ramkali (original plaintiff 1). Plaintiffs 2 and 3 are the minor sons of Mt. Ramkali by Lala Ram Chandra Sahai, and were not in existence at the time of Kunja Mal's death. On 14 June 1917 a formal deed of partition was drawn up by the various members of the family which stated that the family of Nainsukh Mal had continued joint right up to that date; that the parties considered it desirable to separate; that, therefore, they divided the property in certain shares, and made a grant of certain properties to Mt. Gendo and Mt. Bishan Dei for their Maintenance.
(3.) The plaintiffs repudiated the statement contained in the partition deed dated 14 June 1917 and complained that the document was fraudulent and collusive, that the recital that the family was still joint was wrong to the knowledge of the members of the family, and that the Main object of the said document was to deprive the reversionary heirs of Kunja Mal of their rights of inheritance in the estate left by him.