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1.

                                  Rana Sir Shanker Bakhsh Singh
                                  (born in 1840, died in 1897)

            Lal Chandra Bhukhan Singh                        RanaSir Sheoraj Singh
          (died on August 7, 1894)                            (died on, April 14, 1920)

            Rana Uma Nath Bakhsh Singh                  Kunwar Shambhu Nath Bakhsh
                  (appellant)                                     Singh

2. Rana Sir Shanker Bakhsh Singh was taluqdar of Khajurgaon. In 1890, he had made a will appointing his eldest son Lal Chandra as his successor, but Lal Chandra having died in 1894 a new disposition was made by Sir Shanker Bakhsh Singh by a codicil dated November 1, 1894. By this codicil he gave to Sheoraj, his younger son, all his property moveable and im-moveable, including the Khajurgaon estate, but purported to provide that Sheoraj should not have power to make any son except Uma Nath Singh, his eldest son, the owner and successor to the estate "during his presence". It is unnecessary to discuss the effect in law of this provision. Sir Shanker Bakhsh Singh having died in 1897 was succeeded by Sheoraj who became Sir Sheoraj Singh, K.C.LE. On May 9, 1913, two instruments1 were executed. The first was a deed of relinquishment (dastbardari) to which the parties were Sheoraj, Uma Nath (the defendant-appellant) and Shambhu Nath, his brother. By this deed Sheoraj relinquished all his rights and property to the defendant-appellant and purported to put him in possession forthwith. The deed provides that the defendant-appellant should pay the debts of Sheoraj and should be entitled to receive and collect all debts due to him. By its sixth clause it referred to the contemporaneous instrument-