Judgement

Appeal (No. 75 of 1929) from a decree of the High Court (December 15, 1927) reversing a decree of the Subordinate Judge of Basti (January 26, 1925).

The suit was brought on July 26, 1924, by the appellant against his elder brother, the first respondent, and certain transferees from him who took no part in the proceedings. The appellant by his plaint claimed that he was joint owner of certain villages, and that his brothers claim to exclusive ownership was without foundation. The contesting parties were the sons of Khadim Husain, a Mahomedan of the Hanafi school who died on August 21, 1901, having by his will pro vided (inter alia) that respondent No. 1 should have pro prietary possession of the villages in suit, and out of the income should maintain the disciples and female slaves in accordance with the will of the testators father. The main questions arising in the suit were (1.) Whether under the provision above referred to respondent No. 1 took a beneficial interest in the property so as to render the provision invalid under Hanafi law in the absence of consent by the other heirs; (2.) whether a registered deed of March 11, 1910, executed during the minority of both br