STATE OF BIHAR Vs. RADHA KRISHNA SINGH

JUDGEMENT

(1.) THESE appeals are directed against a judgment of the Special Bench of The Patna High Court by which the High Court decreed title suit No, 5/61 after reversing the judgment of the trial Court. It appears that after the death of Maharaja Harendra Kishore Singh (hereinafter referred to as the 'Maharaja') who died issueless on the 26th of March 1893, a serious dispute arose about the Impartible estate left by him. The Maharaja claimed to be a direct descendant of Raja Hirday Narain Singh who was the admitted owner of the properties. Several persons came forward with rival claims of being the heirs to the properties left by the Maharaja which consisted of immovable and moveable properties, such as lands, houses, jewellery, etc. As a result of the hot contest by each of the claimants, one suit was filed at Varanasi being T.S. No, 3/55. That suit was filed by one Ram Bux Singh who claimed to be the nearest reversioner of the late Maharaja. That suit, however, appears to have died its natural death during the preliminary stages and was ultimately withdrawn on 9/04/1956, leaving only three claimants in the field.

(2.) ANOTHER suit was filed on 16/08/1955 in the Court of Sub-Judge, Patna which was registered as T. S. No. 44/1955. The claimant in this suit was one Suresh Nandan Singh of Sheohar who had put in his claim before the Board of Revenue which had taken over the management of the entire properties after the death of the widows of the Maharaja.

(3.) WE might mention here that the main contest before us has been between the plaintiff, Radha Krishna Singh (hereinafter referred to as the 'plaintiff') and the State of Bihar, supported by the State of Uttar Pradesh. So far as the other two suits were concerned they were dismissed both by the trial. Court and the High Court but the suit filed by Radha Krishna Singh (T. S. 5/1961) was decreed by the High Court with a majority of 2: 1. Mr. Justice G. N. Prasad with whom Mr. Justice A. N. Mukherji agreed, reversed the judgment of the Subordinate Judge and decreed the suit of Radha Krishna Singh and rejected the claim of the State of Bihar Mr. Justice M. M. Prasad, however took a different view and agreed with the trial Court holding that the suit of the plaintiff was rightly dismissed. He accordingly gave a dissenting judgment dismissing the suit of the plaintiff.