Judgement

Appeal (No. 45 of 1932) from a decree of the High Court (February 25, 1930) reversing a decree of the District Judge of Gorakhpur (June 8, 1926).

By a sale deed dated October 30, 1922, and registered under the Indian Registration Act, 1908, in the sub-district of Gorakhpur, the respondents purchased from Balbhadra Narain Mal four villages, which formed part of the ancient impartible raj of Majhauli and were situated in the Deoria sub-district; also a one-third share in a garden-room, described as appertaining to the Majhauli kothi, which was situate in the Gorakhpur sub-district. The last male holder of the impartible estate died on January 7, 1911, without issue ; at the date of the suit his widow was in possession. Balbhadra Narain Mal, the vendor, claimed that his father Indarjit Mal, who died on August 13, 1921, was entitled to succeed by survivorship to the impartible estate upon the death of the last male holder. It was not disputed that the family formerly had been joint.

The questions which arose upon the appeal were (1.) Whether the deed was validly registered. (2.) Whether a pedigree referred to in a decree of 1805 was properly admitted in evidence. (3.) Whether