M. R. Jayakar, J. - (1.)THESE are two consolidated appeals from a judgment and two decrees of the High Court of Judicature at Patna, dated May 9, 1939, confirming a judgment and two decrees of the Subordinate Judge of Gaya, dated June 5, 1934.
(2.)THE family with which this litigation is concerned is governed by the Benares school of the Mitakshara school of Hindu law. It consists of two branches which have been settled for many years at Rusi and Kaira respectively. THE annexed pedigree of the family is taken from one which was proved to the satisfaction of the trial Court and was undisputed in the High Court.
The only question in these appeals is whether Sarabjit (a near cognate or bandhu) or Sia Prasad Singh (a more remote agnate or gotraja) was entitled to the property left by Ram Dulari Koer. Both Courts in India have held that Sia Prasad Singh was so entitled.

The facts, out of which these appeals arise, briefly stated, are as follows : -Jagatpati and Kailashpati were joint. They had a married sister Inderjit Koer. The two brothers died, and in December, 1863, Jagatpati's branch was represented by three sons, Sri Kishun, Bachu and Jugal Kishore, while Kailashpati's branch was represented by a son, Ram Racchiya. On December 9, 1863, by two Pattas, Inderjit Koer made a grant to Bachu of an estate consisting of a number of villages, hereinafter referred to as the Lakhaipur Estate. Bachu, at the time, was joint with his two brothers and Earn Racchiya. A separation between them took place on December 31, 1864. it was the appellant's case in the trial Court that the grant of the Lakhaipur Estate was made to Bachu on behalf of himself and his two brothers. The trial Court held that it belonged to Bachu alone, and this decision is not now disputed.

(3.)IN July, 1872, Jugal Kishore and Sri Kishun died. IN September, 1873, Bachu dedicated six villages out of the Lakhaipur Estate to a temple established by him. IN 1874 Bachu died and was succeeded by Mahabir, his only son. Mahabir came to an agreement with Anandi Koer, widow of Jugal Kishore, who claimed that her husband had been joint with Bachu. By the said agreement she relinquished her estate in Bachu's favour in consideration of a maintenance grant. Bachu also came to terms with Ram Kewal Koer, a daughter of Sri Kishun, who had filed a suit against him and her sister Raj Kishori, claiming certain property, on the footing that her father had been separated from his two brothers.
Under the terms arrived at with Ram Kewal Koer, Mahabir transferred certain villages to her in full satisfaction of her claim. Mahabir also alienated six villages out of the Lakhaipur Estate to the temple. He died on June 21, 1894, leaving two widows, Bhagwat Koer and Rupkali Koer. On October 11, 1894, Rupkali gave birth to a daughter, Ramdulari Koer, who died on June 3, 1895.

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