Agarwala, J. :- This is a defendants appeal arising out of a suit for recovery of two sums of money which the plff. respondent claimed were payable to him under two deeds one of 1912 and the other of 1928.

2. The appellant is the present holder of an impartible estate known as the Vizyanagram Raj or Samasthanam in the State of Madras. The plff. resp. is his uncle usually residing at Banaras. A pedigree of the family will be of help in understanding the narration of events to be made hereafter :-

3. The Vizianagram estate which is admittedly an ancient impartible estate was, at one time, owned by Vijayram Raj III. He died in the year 1879 leaving a widow Alakh Rajeshwari and a son, Anand Gajpati, and a daughter who later became the Maharani Rewa. There was another son of Vijayram Raj III, Narain Gajpati who, however, had died in his fathers lifetime. On the death of Vijayram Raj III, Anand Gajpati became the Raja and the holder of the estate. On 22-7-1896, Raja Anand Gajpati executed a will the contents of which will be set out later. Under this will he bequeathed the entire estate to one Chitti Babu, who was his mothers brothers son. Less than a year later, i.e. on 28-5-1897