ONKAR BAHADUR SINGH Vs. RAGHURAJ SINGH

JUDGEMENT

(1.) THE suit out of which this appeal arises was filed by the appellant for partition and separate possession of certain joint family properties and in the alternative for maintenance at Rs. 10,000/ - per year, The suit has been dismissed on a preliminary point and hence this appeal.

(2.) IT is undisputed that the Imlai Estate belonged to Raja Vishwanathsingh who left three sons - Raja Drig Bijayasingh, Raja Bijaya Bahadursingh and Onkar Bahadursingh, After the death of Vishwanathsingh the Estate passed to his eldest son Raja Drig Bijaysingh He died in 1929 leaving three sons, and the Estate was recorded in the name of Bijaya Bahadursingh There was some dispute between Rani Kirtibai, widow of Raja Drig Bijayasingh but ultimately it was amicably settled. On the death of Bijaya Bahadursingh, the Estate was recorded in the name of Raja Raghurajsingh in 1939. The estate had been taken over under the superintendence of Court of Wards in 1930 and was relinquished in 1944. Raja Raghurajsingh is the defendant No. 1 in the suit and the widow of Bijay Bahadursingh and her two minor sons are the other defendants.

(3.) THE defendant stated that the estate was impartible and was governed by the rule of primogeniture. It was hence pleaded that the plaintiff could not claim any share in the property. The claim was further resisted on the ground that it was barred under Section 12 of the Central Provinces Court of Wards Act. 1899, hereinafter called "the Act", Some other objections to the maintainability of the suit were also raised but we need not refer to them as they are not material for the decision of this appeal.