Sir John Beaumont.-

This is an appeal from the judgment and decree of the High Court of Judicature at Nagpur dated the 3rd October, 1939, which affirmed the judgment and decree of the District Judge of Nimar dated the 7th September, 1936, which in turn affirmed the judgment and decree of the Subordinate Judge of Khandwa, dated the 19th February, 1936.

The appeal arises in execution proceedings in the following circumstances.

In the year 1908, Rao Kishore Singh had instituted a suit against two widows to recover possession of an estate known as Bhamgarh Zemindary. In that litigation Kishore Singh was claiming that the Estate was an impartible one and had descended upon him under the rule of primogeniture as the eldest male descendant of the last holder. His claim, if successful, would clearly operate for the benefit of an eldest son who might succeed him. Kishore Singh obtained a decree in his favour from the trial Court, but the decree was reversed by the Court of the Judicial Commissioner of the Central Provinces. In order to raise money to enable him to prosecute an appeal to His Majesty in Council Kishore Singh on the 11th November, 1912, entered into an agreement with one, Ramji P

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