MITHLESH KUMARI Vs. THAKUR SHEO SARAN SINGH

JUDGEMENT

(1.) Whether in the facts and circumstances, general principles of res judicata would apply, is the sole question seeking answer in this long drawn litigation, hopefully reaching its finale.

(2.) There exists an estate known as Partapner Raj in the district of Etawah in the State of Uttar Pradesh. It is known to be an ancient Raj. At a point of time it was owned by Raja Sambhar Singh. The said Raja has five sons, namely, Raja Narain Singh, Hindu Singh, Mohan Singh, Anand Singh and Ratan Singh. The estate was known to be an impartible one, governed by the rule of lineal primogeniture. Indisputably, due to the dictate of such rule, the estate after the death of Raja Sambhar Singh descended in the line of the eldest son, Raja Narain Singh and then downwards for generations up to Raja Hukum Tej Pratap Singh (for short referred to as Raja Hukum).

(3.) Raja Hukum died on May 17, 1925, leaving behind a mother by the name Rani Baisni Madho Kunwar (hereinafter called Rani Baisni), a stepmother by the name Rani Rathorni Narain Kunwar (for short Rani Rathorni) and an adopted minor son, Raja Maha Vindeshri Pratap Singh (for short Raja Maha). We are not concerned with all the remaining four branches represented by the remaining four sons of Raja Sambhar Singh, except two of them, who, for facility of reference, shall be called the senior branch and the junior branch, because of the age factor. In the senior branch was one Madho Singh, whose natural son Raja Maha, was given over in adoption to Raja Hukum. In the same line was one Kalka Singh, the brother of Madho Singh. He has been the principal contestant in the litigation throughout. He died during the pendency of the instant litigation, whose cause, the present appellants, being his heirs and legal representatives, espouse. In the junior branch, there was one Sheorakhan Singh, another contestant. He died and the contest was continued by his son Shyam Pratap Singh. In that branch was also one Vikram Singh but a degree closer than Shyam Partap Singh, the substituted contestant.