SURENDRA NARAYAN DEB Vs. BHAIRABENDRA NARAYAN DEB

JUDGEMENT

(1.) These are two petitions for revision of orders made by the learned Subordinate Judge of the First Court of 24-Parganas on 29th September 1948. By these orders the learned Subordinate Judge held that two suits filed by the petitioners were not maintainable by reason of Section 42, Specific Relief Act.

(2.) The petitioners were related--one being the uncle of the other. Each of the petitioners had brought a suit claiming that the Bijni Raj which owned extensive zamindary property in Assam and other properties in Calcutta and Benaras, belonged to them. One based his claim on lineal primogeniture and the other on the rule of ordinary primogeniture. In both the suits two defendants were impleaded, namely, Kumar Bhairabendra Narayan Deb, the present holder of the Raj as defendant 1 and the same Bhairabendra represented by the Manager of the Bijni Raj Wards Estate, as defendant 2.

(3.) To appreciate the points at issue it will be necessary shortly to set out the history of litigation relating to this estate. The litigation actually started soon after March 1883 when the then holder of the Raj, Raja Kumud Narayan Bhup died. The Raja left surviving him two widows--Rani Abhoyeswari and Rani Siddheswari--and these two Ranis litigated. After the death of Rani Abhoyeswari Raja Jogendra Narayan Bhup, a brother's son of Raja Kumud Narayan, became the holder of the Raj. Raja Jogendra Narayan Deb, however, became insane and the Court of Wards took over the management of the estate in December 1918. It is to be observed that litigation went on relating to this estate and eventually the dispute was decided by the Judicial Committee of the Privy Council who pronounced judgment on 16th February 1942.