Kanhaiya Singh, J.

1. These are two analogous appeals involving almost common questions of law and fact. Appellant 1 in the First Appeal is the respondent in the Letters Patent Appeal. Since the result of the First Appeal will determine the decision in the Letters Patent Appeal, I shall consider that appeal first.

2. The First Appeal is by the plaintiffs from the judgment and decree dated 16-12-1954, of Mr. S. G. Waris, Additional Subordinate Judge, Gaya, dismissing the plaintiffs suit concerning the succession to the impartible estate of Tamkohi in Uttar Pradesh. The said estate is comprised of immoveable properties situate in the districts of Deoria, Gorakhpur and Basti in the State of Uttar Pradesh and in the district of Saran and Gaya in the State of Bihar. The following admitted genealogy shows the descent of the family from the common ancestor and will help in appreciating the respective cases of the parties:

RAJA KRISHNA PRATAP BAHADUR SAHI

(Died on 21-12-1894)

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Raja Satrujit Pratap Bahadur Sahi Kuer Sarabjit Pratap Bahadur Sahi

(died on 10-10-1898) (died in April 1934)

=Maharani Padam Kuer |

| Chhaterpati Pratap Bahadur Sahi

------------------------------- alias Hira Saheb

| | (died in May 1949)

Raja Indrajit Pratap Bahadur Sahi Babui Horil Kuer |

(died on 12-6-1947) (died in july 1915) Jitendra Pratap Bahadur Sahi

=Jagdishwari Kuer | (defendant 1)

(died on 15-10-50) Shri Bhagwati Prasad Singh |

(pltiff. 1) |

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Khagendra Pratap Bahadur Sahi Bisheshwar Pratap Bahadur Sahi Navendra Pratap Bahadur Sahi

(defendant 2) (defendant 3) (defendant 4)

It is common ground that the Tamkohi Raj is an ancestral impartible estate, succession to which is governed by a special family custom of lineal primogeniture and rule of survivorship, subject to the right of junior members to receive maintenance. The parties are governed by the Mitakshara school of Hindu law. The last male holder of the estate was Raja Indrajit Pratap Bahadur Sahi who died on 12-6-1947. Bhagwati Prasad Singh, plaintiff 1 is his sisters son, Jitendra Bahadur Sahi, defendant 1 is the grandson of the full-brother of the father of the last male holder.

There is a competition between the two as to which of them is entitled in law to succeed to the estate in dispute. According to the rule of lineal primogeniture, Chaterpati Pratap Bahadur Sahi, father of defendant 1, being the eldest male member of the seniormost line of the family of Raja Indrajit at the time of the latters death was entitled to succeed to the Tamkohi estate.

Plaintiff 1 claimed this estate substantially on two main grounds firstly, that there was a severance of the joint status, and the family of defendant 1 had separated, with the result that the Tamkohi estate constituted a separate property of Raja Indrajit, the last male holder, and, secondly, that before his death he had conferred on his wife Jagdishwari Kuer by a will a widows estate, which, it was contended, had the effect of terminating the joint status and destroying the rule of lineal primogeniture and survivorship, defeating thereby the rights of all the members of the junior branch.

The plaintiffs case may be s