Judgement

Appeal (No. 10 of 1926) from a decree of the Court of the Judicial Commissioner (February 23, 1923) reversing a decree of the District Judge of Bhandara (March 1, 1920).

The appellant and the respondent were the only sons of the zamindar of Amgaon, who died in 1917, the respondent being the elder. The zamindari was situated in the Bhandara district of the Central Provinces, and was one of a group of zamindaris known as the Wainganga zamindaris.

The respondent brought a suit against the appellant in the District Court for a declaration that the zamindari was impartible, that he alone was entitled to succeed to it, and that the appellant was entitled to maintenance only.

The facts appear from the judgment of the Judicial Committee.

The District Judge passed a decree in favour of the plaintiff, but on appeal to the Court of the Judicial Commissioner the decree was set aside and the suit was dismissed.

1927. July 15,19,20,21,22 and 25. Sir George Lowndes K.C, Parikh and P. A. Pandit for the appellant.

De Gruyther K.C., Dube and N. B. Nyogi for the respondent.

The arguments were chiefly as to the effect of the documentary evidence. [Reference was made to Rajkishen Singh v. Ram