RAMESHWAR SINGH Vs. HEMANTA KUMAR

JUDGEMENT

(1.) These are two connected appeals which arise out of a common judgment. The suits giving rise to these appeals were tried as analogous by the trial court and the evidence led in one of the suits has been read as an evidence in the other suit also. We, therefore, proceed to decide these appeals by means of this judgment.

(2.) In order to appreciate the facts of the case, the following pedigree is sub-joined :-

(3.) There is no dispute between the parties with regard to the correctness of the above pedigree. Kumar Ajambar Singh Deo had originally five sons. Three of the sons, namely, Pitambar Singh Deo, Padmanava Singh Deo and Ram Mohan Singh Deo died issueless and they need not detain us any further. Raja Bahadur Chakradhar Singh Deo, another son of Kumar Ajambar Singh Deo and his descendants, are the former rulers of the erstwhile State of Seraikella, now merged in the State of Bihar, as part of the district of Singhbhum. It may be stated that Raja Bahadur Chakradhar Singh Deo was the eldest son of Kumar Ajambar Singh Deo. The parties to this case are the descendants of the second son of Kumar Ajambar Singh Deo viz. Kumar Jagannath Singh Deo, Kumar Jagannath Singh Deo had a son, Jit Narayan Singh Deo, who in his turn had four sons, namely, Raghuraj Singh Deo, Dwijraj Singh Deo, Suraraj Singh Deo and Gandharbraj Singh Deo. Raghuraj Singh Deo died issueless, I shall have some thing more to say about it later in this judgment. Suraraj Singh Deo had a son, namely, Narayan Pratap Singh Deo who died sometime in the year 1945. Gandharb Raj Singh Deo's son, Hemanta Kumar Singh Deo is the plaintiff in Title Suit No. 19 of 1964 and defendant No. 1 in the connected Title Suit No. 21 of 1964. Dwijaraj Singh Deo's first son, Amrendra Pratap Singh Deo was the original defendant in Title suit No. 19 of 1964. He died during the pendency of the suit and his son, Rameshwar Singh Deo was impleaded as defendant No. 1 in his place and the two other sons of the deceased, namely, Jogeshwar Singh Deo and Ratneshwar Singh Deo were respectively impleaded as defendant Nos. 1(a) and 1(b) in Title suit No. 19 of 1964. The widow of Amendra Pratap Singh Deo was impleaded as defendant No. 1(c) in the said suit. The brother of Amrendra Pratap Singh Deo, viz, Gobinda Pratap Singh Deo was made a party as defendant No. 1(d).