Judgement

Appeal (No. 5 of 1925) from a decree of the High Court (November 21, 1922) affirming a decree of the Subordinate Judge of Meerut (July 18, 1919).

The suit was brought by the appellant, as the only surviving member of a joint Hindu family, governed by the Mitakshara, against the respondent, the widow of his deceased brother Baldeo Sahai, for a declaration that a document dated June 5, 1915, executed by himself and that brother was of no effect. Under the document, which was described as an agreement by way of a will and was registered, the respondent claimed an interest in the half of the joint family property.

The facts appear from the judgment of the Judicial Committee.

The trial judge made a decree dismissing the suit, and that decree was affirmed by the High Court.

The learned judges (Mears C.J. and Banerjea J.) were of opinion that the document was valid as a joint will, the brothers being the sole members of the joint family; and that in any case it was effectual as a mutual agreement for good consideration, each party giving up the possibility of his surviving the other. The judgment of the High Court is reported at I. L.R. 45 A. 245.

1926. Feb. 15, 16. Sir George L