Beg, J. - (1.) We have before us three first appeals viz. First Appeals Nos. 251, 252 and 495 of 1955. The circumstances in which these three appeals have arisen may be briefly stated as follows:
(2.) One Raja Pateshwari Pratap Narain Singh was the owner of Basti Raj. He had three sons. The eldest was Jwaleshwari Pratap Narain Singh. The two younger sons were Parchand Bir Singh and Bijai Bir Singh. On the 16th of July 1927 Raja Pateshwari Pratap Narain Singh executed a will. Under this will he bequeathed his entire estate in favour of the eldest son. He further directed that the two younger brothers should live with the eldest son, who should provide reasonable expenses for their maintenance and upkeep. The will further provided chat in case the younger brothers decided to separate, the eldest brother who was the holder of the estate would allot to them properties bearing certain amount of profits. The effect of the will was that in the event of separation Parchand Bir Singh, the second son was to be entitled to property fetching an annual profit of Rs. 4,800/ -, and Bijai Bir Singh the third son was to be entitled to property fetching an annual profit of Rs. 2,400/ -. Raja Pateshwari Pratap Narain Singh died in the year 1928. The two younger brothers lived with the eldest brother upto the year 1934. In that year they decided to separate. Accordingly, in the year 1934, Parchand Bir Singh the second brother filed a suit (suit No. 65 of 1934) against the eldest brother to enforce the term of the will entitling him to property fetching an annual profit of Rs. 4800/-.
(3.) In this suit he prayed for the following reliefs:- (a) A decree awarding him possession over the villages specified in list B, the net income whereof after deducting the Government revenue as well as other Government dues and expenses relating to the Zamindari was Rs. 4,800/- a year, (b) In case relief (a) was not granted, he prayed for possession over the Zamindari ilaqa or over such other property or villages which yielded a net income of Rs. 4,800/ - a year after payment of Government revenue and other dues and after meeting the necessary expenses of collection. (c) An order awarding maintenance by way of mesne profits, pendente lite and future, from the date of the suit upto the date of actual possession. (d) A simple money decree awarding 2,500/ - for the construction of a house.;