BINDESWARI CHARAN SINGH Vs. BAGESHWARI CHARAN SINGH

JUDGEMENT

(1.) THIS is an appeal from a decree of the High Court of Judicature at Patna dated July 29, 1932, which reversed a decree of the Additional Subordinate Judge of Hazaribagh dated March 31, 1928, and decreed the plaintiff-respondent's suit with costs.

(2.) THE following pedigree shows the relationship of the parties : Senior wife = Thakur Jadu Charan Singh, = Junior wife | died 21st Feb. 1924 || || | -----------------------|| | |Babu Ramdhan Jibdan Charan Bindeshwari Charan SihghCharan Singh Singh.(Defendant-Appellant).(eldest son),died 30th Jan. 1920 |Thakur BageshwariCharan Singh(Plaintiff-Respondent).

(3.) ON November 17, 1909, Jadu Charan executed a maintenance grant in favour of the appellant, transferring to him villages and lands yielding an annual income of Rs. 1,300. Doubt being entertained as to whether, in view of the provisions of Section 12A of the Act, the sanction of the Commissioner to the grant should have been obtained, the appellant, on March 4, 1916, sought the sanction of the Commissioner, but this was refused by an order dated April 26, 1916.