Mr. Jayakar:-

This is an appeal from the judgment and decree of the High Court of Judicature at Patna dated 2nd March 1936, which reversed the judgment and decree of the Additional Subordinate Judge of Palamau dated 17th March 1933, and decreed the suit of the plaintiffs respondents 1 to 7 for recovery of possession of an impartible estate called Deogan estate, in succession to the last holder Surendra Bux Rai (hereinafter called Surendra). The suit was instituted on 8th March 1924, by the plaintiff (respondent 1) claiming a declaration that the property in the suit, being an ancestral impartible estate of the joint family of Surendra and himself, devolved on him by survivorship, on the death of Surendra and that plaintiff 1 was alone the rightful owner thereof under the Mitakshara law and by virtue of the customs of primogeniture and female exclusion, which governed the estate. He also asked for possession. Plaintiffs 2 to 7 were subsequently brought on the record as assignees under a permanent lease obtained from plaintiff 1, in consideration of amounts lent for financing the litigation.

The defendants were : 1, Binodini Devi, the widow of Surendra (shortly described as the Dulhin)