Judgment

HIDAYATULLAH, J. : These two appeals have been filed by the same appellant (Smt. Prabati Kaur) with certificates granted by the High Court of Patna under Art. 133 (1) of the Constitution read with Ss. 109 and 110 of the Code of Civil Procedure. By these two appeals, the appellant impugns the common judgment but separate decrees of the High Court in Civil Appeals Nos. 69 and 91 of 1947 dated September 9, 1953.

2. The facts are as follows : One Ramdin Sinha had three sons, Ram Ran Vijaya Sinha, Sarangdhar Sinha and Ramji Sinha. The last two were the step-brothers of Ram Ran Vijaya Sinha. Ramdin Sinha died in 1903, as it is now admitted, in a state of jointness with his three sons, and the coparcenary also continued till the death of Ram Ran Vijaya Sinha on October 27, 1936. Ramdin Sinha had started a printing and publishing business in Patna known as Khadga Vilas Press, hereinafter referred to as the Press, and left also vast movable and immovable properties in Patna and Ballia District. Ram Ran Vijaya Sinha had three daughters, one by his third wife and two by his fourth wife. These daughters were defendants along with the present appellant in the Court of First Instance. Ram Ran Vijaya Sinha died on October 27, 1936, leaving extensive properties.

3. Included in the property were stocks, shares and securities and three life insurance policies with the Great Eastern Life Assurance Co. Ltd., which was the fifth defendant in the suit. After the death of Ram Ran Vijaya Sinha, the widow, Parbati Kaur, applied to the District Court for a succession certificate, and obtained an order in her favour. We were informed that she could not act on the order granting the certificate to her, because she could not furnish security. The present suit was filed by the two step-brothers of Ram Ran Vijaya Sinha for a declaration that they were entitled to the monies due under the insurance policies and the shares, stocks and securities together with interest and other benefits, as the surviving coparceners. This suit was opposed on various grounds by the answering defendants, and the trial Judge held that the stocks, shares and securities belonged to the coparcenary, but that the insurance policies were the private property of Ram Ran Vijaya Sinha and the widow was entitled to succeed to them. Against the decision of the Subordinate Judge, Patna, two appeals were filed by the opposing parties. The High Court by its judgment under appeal, decide the entire suit in favour of the plaintiffs, and held that the insurance policies also formed the assets of the coparcenary, to which the plaintiffs were entitled as survivors. The appellant, therefore, obtained two certificates from the High Court, and filed these two appeals. As regards Appeal No. 331 of 1955, it is sufficient to say that it was not pressed before us, and must, therefore, be dismissed.

4. The appellant fought the case only in respect of the three insurance policies, each of Rs. 17,000, and contended that the decision of the High Court reversing the decision of the Subordinate Judge of Patna was erroneous. The contention that there was a partition between the step-brothers in 1906 was abandoned in this Court, in view of the concurrent findings of the two Courts below. The case of the appellant in respect of the insurance policies was based on the following pleas : About the time Ram Ran Vijaya Sinha took out these policies, he also procured two other policies on the lives of his two step-brothers with the same Company for a sum of Rs. 25,000 each. The submission of the appellant was that this was a provision for the wives and children of the three coparceners, and the proceeds were not meant to form joint family assets. The appellant submitted that there used to be maintained an Amanat khata in the account books of the Press, wherein sums taken by each brother were deposited separately to be withdrawn later. The payment of the premia towards these five insurance policies was thus a paym