Judgement

Consolidated Appeals from judgments and decrees of the High Court (April 9, 1910, and April 13, 1911) reversing judgments and decrees of the Subordinate Judge of Farrakhabad.

The consolidated appeals related to property which formed part of the state of Bahadur Singh, deceased, and the main issue raised was whether under the Mitakshara law of succession his heirs were the sons of his fathers own brother deceased (those claimants being represented in the appeal by the parties Munshi Lal and others), or whether his fathers half-brother (represented in the appeal by Kesri and others) was entitled to succeed. The property in suit was a third share in two villages which were in the possession of Ganga Sahai, he having purchased the villages at an auction sale held under a mortgage decree made in favour of himself and others as mortgagees, and having obtained certificates under s. 317 of the Code of Civil Procedure, 1882. The mortgagee interest under the mortgage in question was at the date of the decree and sale vested as to a one-third share in the heirs of Bahadur Singh.

In 1906 the two sets of claimants above referred to each instituted a suit against Ganga Sahai, joining t