JUDGMENT

Sen, J. - The suit out of which this appeal has arisen was instituted by Mt. Durga Dei, daughter of Babu Mahadeo Prasad, against Mt. Basanta Koer and Mt. Bhagwanta Koer, widows of Babu Mahadeo Prasad, defendants first party, and against the sons and grandsons of Babu Baldeo Prasad (the brother of Babu Mahadeo Prasad), defendants second party. The reliefs which the plaintiff claimed were for a declaration that the document, dated 31st May 1924, executed by Mts. Bhagwanta Koer, Basanta Koer and Jamuna Prasad, was null and void and that the defendants second party had not acquired any right under it to the estate of Mahadeo Prasad, for the appointment of a receiver of the entire property left by Mahadeo Prasad and for an order directing the defendants to deposit in Court or in some bank the amount in cash left by Babu Mahadeo Prasad or otherwise realized; and as an alternative to the relief regarding the appointment of a receiver the plaintiff prayed for a perpetual injunction against the defendants first party to the effect that they should not realize those debts due to Babu Mahadeo Prasad the realization of which might not be necessary and that they should realize those debts the realization of which might be necessary and doposit them in Court or in some bank and appropriate the interest thereof. It is necessary at this stage to append an admitted pedigree which will be useful for the elucidation of the pleadings of the parties:

                           LALA BANSIDHAR                                 |   ______________________________|______________________________________________   |                      |               |                |               |Lala Behari Lal   Lala Narain Das  Lala Ram Charan  Lala Sheo Charan  Lala Dei Dayaldied childless    died childless   Lal died child-   died childless.      dead.     1879.            1877.             less.                              |                                   ________________________________________|                                  |         _________________________|_________________________________         |                                                          |Lala Mahadeo Prasad died 1909.                           Lala Baldeo Prasad died 1911.             |                                                      |_____________|________________                 __________________ __|_____________|                            |                 |                                 |1 Mt. Bhagwanta        2 Mt. Basanta       Babu Bisheshar Prasad      Babu Ishri Prasad     Koer,             Koer, (issueless)         (alive)                  (alive)  defendant 2.          defendant 1.           defendant 3.             defendant 6.       |                                           |                         |       |                       ____________________|             ____________|       |                       |                                 |       |           ____________|___________                ______|______________       |          |                       |                |                   |       |    Jamuna Prasad    Deo Prasad defen-   Ram Krishna Dass  Jwala Prasad defendant       |    defendant 4.       dant 5 minor.     defendant 7 minor.        8 minor.       |_______________________        _______________________|___________________________        |                       |                          |Mt. Tulsha Koer dead.     Mt. Ram Dei died childless.    Mt. Durga Dei plaintiff.___________|_________________                      _______________|__________|                           |                     |                         |Prasad Makundi      Babu Mathura Prasad       Sita Ram                 Radhe Shiam   (adult).             (adult).                 minor.                   minor.

2. The plaintiffs case was that Lala Bansidhar was the common ancestor of the parties, but he was possessed of no property; that his sons were separa