Judgement

Appeal from a judgment and decree of the High Court (July 21, 1915) affirming a decree of the Additional Subordinate Judge of Darbhanga (May 30, 1913).

The appellants sued the respondents, claiming by their plaint a declaration that a deed of compromise dated February 22, 1909, and certain deeds of transfer made in pursuance thereof were not binding upon them, on the grounds, among others, that the will of Nanu Prashad Misser, deceased, was invalid inasmuch as the testator and his son constituted a joint Hindu family; and that the compromise and the transfers were not bona fide, the transaction being entered into by the testators widow with the object of benefiting the testators daughters and Madhab Misser, then the next reversioner, and of defeating the reversionary rights of the plaintiff-appellants.

The effect of the deed of compromise and the circumstances in which it was entered into appear from the judgment of their Lordships. By clause 6 of the deed Madhab and the daughters of Nanu each gave to the widow 50 bighas out of their agreed half-shares in the immovable property, for her life, and without the right of transferring or creating any lien thereon, it being pro