FATEH KUNWAR Vs. DURBIJAI SINGH

JUDGEMENT

(1.) This is an application for leave to appeal to the Supreme Court. The applicant is the widow of Lal Durga Saran Singh. One Raja Earn Chandra Singh was the owner of an impartible Raj known as Rampur Raj. He died in the year 1883 leaving a widow, Rani Krishna Kuar, and a daughter, Munni Saheba. After his death his widow, Rani Krishna Kuar, succeeded to the Raj and continued to be in possession of it till her death in May, 1939. She died issueless and there was a dispute upon her death between the applicant, Rani Fateh Kuar, on the one hand and Raja Durbijai Singh, opposite party, on the other in respect of the succession to the Rampur Raj.

(2.) A suit was filed in October, 1939, on the allegation that, upon the death of Raja Ram Chandra Singh, Rani Krishna Kuar entered into possession of the estate as his heir, that there was a litigation between Rani Krishna Kuar and a brother of Raja Ram Chandra Singh and that after several contests a family settlement is said to have been arrived at by which it was agreed that Rani Krishna Kuar should adopt Lal Durga Saran Singh, that she should continue in possession of the estate till her death and that the rights of Durga Saran Singh be deferred till after the death of the Rani.

(3.) The applicant, Rani Pateh Kuar, was married to Lal Durga Saran Singh and became a widow soon after, Lal Durga Saran Singh having died issueless. The applicant claimed that she was entitled to the Rampur Raj because she was the widow of Lal Durga Saran Singh, the adopted son of Raja Ram Chandra Singh and Rani Krishna Kuar, and had a vested interest in the estate due to the family settlement. She also pleaded custom in support of her claim. Her suit was for a declaration that she was the owner of all the movable and immovable properties which appertained to Rampur estate and at the time of the suit were under the management of the Court of Wards. The suit was contested by Raja Durbijai Singh who claimed to be a reversioner of the late Raja Ram Chandra Singh and entitled to succeed. He denied the family settlement. He also set up a custom in support of his claim. He challenged the fact that Rani Krishna Kuar had a right to make any adoption.