DIWAN RAN BIJAI BAHADUR SINGH Vs. INDARPAL SINGH

JUDGEMENT

(1.) THE plaintiff and appellant Diwan Ran Bijai Bahadur Singh is the head of the elder branch of a family descended from Sanbar Singh. The original first defendant, Ajit Kunwar, was the widow of Randhir Singh, the head of the younger branch of the same family. The present respondent, Indarpal Singh, claims under a will or other document executed by the late Ajit Kunwar. The original plaint in the suit now under appeal sought a declaration that Ajit Kunwar was entitled only for life in three classes of property mentioned in schedules A, B and C to the plaint, and that the document under which Indarpal Singh claims was inoperative as against the plaintiff.

(2.) THE first class of property to which the suit related consisted of certain talukhdari estates in respect of which a sanad was granted to Ajit Kunwar: and it was contended for the appellant in the Courts below that by virtue of certain documents Ajit Kunwar had, subject to a life interest to herself, constituted herself trustee for the appellant of his property. But the District Judge and the Judicial Commissioner's Court unanimously held all these documents to be forgeries, and Counsel for the appellant with great propriety declined to argue against these concurrent findings.

(3.) THE third class of property mentioned in schedule C consists of moveables some of them clothes and ornaments of a lady's person, and there being no evidence to show whether these were originally acquired by Ajit Kunwar or her husband, the plaintiff's claim to them was supported only on the same proposition of law with which their Lordships have already dealt.