AJAI VERMA Vs. RAM BHAROSEY LAL

JUDGEMENT

(1.) This appeal has been filed by Raja Ajai Verma of Pawayan. The appellant, Raja Ajai Verma, filed an application under Section 4, Encumbered Estates Act in the Court of the Special Judge, first grade, Shahjahanpur, on 27-1-1936. At the time when he filed the application there was an appeal pending before their Lordships of the Privy Council relating to the property known as the Pawayan Estate.

(2.) Raja Fateh Singh, the Raja of Pawayan, died on 28-12-1921, leaving two sons Raja Indra Vikram Singh and Kunwar Vijai Verma. Kunwar Vijai Verma claimed that the property left by his father Raja Fateh Singh was not impartible as was claimed by his elder brother and in the alternative that his father had left a will dated 2-8-1918, under which he had given him half the property. On these allegations Kunwar Vijai Verma filed Suit No. 53 of 1922 against Raja Indra Vikram Singh for partition and possession of half share in the entire properties. Raja Indra Vikram Singh claimed that the properties appertained to the Pawayan Raj were impartible and contested the validity of the will.

(3.) The first Court decided the suit on 16-9-1926, and held that eight villages were impartible property and the rest partible. The learned Subordinate Judge was not satisfied that the will was duly executed. He, therefore, dismissed the plaintiff's suit as regards the eight villages but decreed it as regards the other property which had belonged to Raja Fateh Singh and which the learned Judge held was partible.