Sir John Beaumont.-

These are consolidated appeals from a decree of the High Court of Judicature at Allahabad, dated 1st November 1939, which affirmed a decree of the Court of the Subordinate Judge of Mainpuri, dated 26th January 1933, though on grounds different from those on which the decision of the learned Subordinate Judge was based.

[2] The subject-matter in dispute is an impartible estate in the district of Etawah, known as the Partabner Raj. It is not disputed by the parties to this appeal that the Partabner Raj is an ancient Raj, and that down to the death of Raja Hukum hereinafter mentioned it was an impartible estate governed by the rule of lineal primogeniture. The estate was owned at the time of his death, which occurred on the 17th May 1925, by Raja Hukum Tej Pratap Singh (hereinafter called "Raja Hukum") who died leaving a widow, and a mother, Rani Baisni Madho Kunwar (hereinafter called "Rani Baisni"), but no natural descendants. Shortly before his death, Raja Hukum had adopted a son, Raja Maha Vindeshri Pratap Singh (hereinafter called "Raja Maha"), the minor son of Madho Singh, who was a member of the family of Raja Hukum. Soon after the death of Raja Hukum a suit w