K.Ahmad, J.

1. This appeal arises out of a suit for the realisation of a claim under an insurance policy on the death of the life insured, namely, that of one Pyare Lal of Siwan. It is not denied that Pyare Lal died on 19-4-1946, and the plaintiffs, who are his sons and appellants in this Court, are his successors and heirs. Obviously, therefore, here there is no scope for any controversy as to the title of the plaintiffs nor in fact there is any.

Further it is not denied that on 23-1-1946, Pyare Lal filled up an application form supplied by the agent of the respondent company to insure his life for a sum of Rs. 10,000.00 on twenty years endowment and having signed it handed over the same to that agent along with a cheque for a sum of Rs. 549/1/-, that being the first annual premium payable for the year 1946 and that thereafter on medical examination by the doctor of the company his life was found to be a first class life.

Exhibit 2 (a), which is dated 31-1-1946, is the kutcha receipt of the aforesaid amount granted by the respondent Metropolitan Insurance Company Ltd., under the signature of one H.N. Chakravarty, Collector. It reads: "Received with thanks from Mr. Pyare La