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1936 Supreme(All) 160

BAJPAI, BENNET, SULAIMAN
Mt. Rajpali Kunwar – Appellant
Versus
Surju Rai – Respondent


ORDER

Sulaiman, C.J. - The following questions have been referred to us for answer:

(1) Is the agreement dated 20th December 1927 a family settlement?

(2) Is the plaintiff entitled to question the said agreement.?

2. The present suit was filed by the plaintiff for a declaration that an agreement dated 20th December 1927, was null and void against her. She is the sister of Sheo Shobhit Rai, who died about 1926, and on whose death the said agreement was entered into between his widows Mt. Jota Kunwar and Mt. Rumali Kunwar, his step-mother Mt. Rajwanta, another sister's son Narsingh and Kashi Rai, Sarju Rai and Bhagwant Rai, three nearest reversioners at the time. A deed of gift had been executed in 1926 by the senior widow Mt. Jota and the step-mother Mt. Rajwanta in favour of Narsingh, who is alleged by the defendants to have been a sister's son; but that fact was not admitted in the written statement in this case. We know very little about the exact nature of the suit that was brought by Kashi Rai and others, but the recitals in the agreement show that the two ladies Jota and Rajwanta were setting up a will of the deceased Sheo Shobhit Rai in their favour and were claiming mutation of

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