JUDGMENT

R.P. Collier, J. - The transaction out of which this suit arose occurred nearly half a century ago, and from it has flowed [6S5] a continuous stream of litigation, not in all respects creditable to the earlier tribunals of India down to the present day. A history of that litigation, given shortly and clearly, will lie found in a report, in the 8th volume of Mooro's Indian Appeals, of a judgment of this Committee, which was delivered on the occasion to be hereafter mentioned. Doorgapersaud Roy Chowdhry v. Tarapersaud Roy Chowdhry 8 Moo. I.A. 308 Their Lordships deem it enough to refer to that case without recapitulating the history, inasmuch as the facts necessary to the determination of the points now before them need no very lengthened statement.

2. Two brothers, Doorgapersaud Chowdhry and Taraporsaud Chowdhry, of whom Doorga was the elder, entered into an agreement of compromise for the purpose of settling disputes then pending between them on the 4th of April 1829. That agreement of compromise may be sufficiently described for the present purpose as one whereby in substance the elder brother took ten-sixteenths of the ancestral property, and the younger brother six-sixtee