Judgement

Consolidated Appeals from a judgment and two decrees of the High Court (January 7, 1910) reversing a judgment and two decrees of the Additional Subordinate Judge of Monghyr (January 22, 1909).

The chief question for determination in the appeals was whether the appellants (plaintiffs) had established that a separation took place between them and the respondents respective predecessors in interest, two brothers members of a joint Hindu family governed by the Mitakshara school of Hindu law, so as to bar the title of the respondents to the property in suit. The property was an ancestral impartible estate the succession to which was governed by the rule of primogeniture subject to the right of the younger sonsto receive maintenance. In 1879 Ranjit Narayan Singh, the then holder, executed in favour of his brother Bhupat Narayan Singh a mokurari patta of two mauzas and of four bighas of kamat land in another mauza as a grant for his maintenance. By the terms of the mokurari

0 Law Rep. 42 Ind. App. 192 ( 1914- 1915) Thakurani Tara Kumari V. C haturbhuj Narayan Singh

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patta the grant was inalienable, but the grantee did in fact execute mortgages from time to time to raise money