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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