Judgement

Appeal (No. 2 of 1920) from a judgment and decree of the High Court (January 30, 1917) reversing a decree of the Additional Subordinate Judge of Moradabad (August 12, 1915).

The suit was instituted by the appellant as the sisters daughter of one Kunwar Randhir Singh, deceased, to recover from the respondent a one-twelfth share of the estate of the deceased. She claimed as one of the next of kin of the deceased under the Indian Succession Act (X. of 1865) on the ground that the deceased had died a Christian, and intestate, and that that Act regulated the succession to his estate. The respondent was in possession of the estate as surviving brother of the deceased. The appellant, who was pardanishin, also claimed to set aside a deed dated April 29, 1912, by which she had agreed to relinquish all her rights of succession to the deceased in consideration of a monthly payment of Rs.50. The respondent by his written statement denied that the Indian Succession Act, 1865, governed the succession, and contended that the deed was binding.

The Additional Subordinate Judge made a decree in favour of the appellant. He held that the deed of April 29, 1912, was not binding upon her ; he