( 1 ) THIS appeal is about a house No. C-7/67 situate in Mohalla senpura, at Varanasi. A dispute arose between two brothers Surendra Pratap Singh and Brijendra Pratap Singh. Surendra pratap Singh brought a suit for partition claiming a half share in the house against his brother Brijendra Pratap Singh. His case was that Prabhu Nath Singh was the grandfather of the two brothers while Shyambadan was their father. It was alleged that Raj kumari Devi was the daughter of Jai Dev singh brother of Prabhunath Singh and she wanted to give this property to Shyam Badan but Brijendra Pratap played foul and fraudulently got a will executed in his favour. When this fact came to the knowledge of their father, shyam Badan, he intervented. The result was a family settlement between the two brothers Surendra Pratap Singh and brijendra Pratap Singh dated 23-9-1971. As the rights of the parties depend upon of this deed it is necessary to refer to its material terms. It bears a recital that the two brothers are members of a Hindu Joint Family, that the house in dispute was gifted by Smt. Raj Kumari to Brijendra Pratap Singh who thus became its sole owner, that house in dispute was being blended in the

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