RADHIKA DEVI Vs. RAMSHRAY PD CHAUDHARY

JUDGEMENT

(1.) This is an appeal under Section 27 of the B.L. R. Act against the order dated 26/11/1979 of the Additional Collector (Compensation Officer), Darbhanga, in Miscellaneous Case No. 9 of 1978-79. The case out of which this appeal arises was a proceeding under Section 26 of the B.L.R. Act in which the appellant being the sole descendant of late Ramakant Choudhary who died in 1918 a few months earlier the appellant was born seeks to recover l/3rd share in the compensation awarded by State of Bihar consequent upon the vesting of the Zamindari in 1954. The case has a chequered background as would appear from the narrative of the events which culminated the present proceeding the seeds of litigation having been sown as far back as in 1925.

(2.) The father of the appellant Ramakant Chaudhary belonged to a family of Wealthy Zamindars and money lenders. The great grand father of the appellant was Raghubar Choudhary who had two sons, namely, Chhatradhari Choudhary (died in 1914) and Bhekhdhari Choudhary (died in 1915). The parties of this litigation represent the branch of Chhatradhary Choudhary. After the death of Ramakant Choudhary his widow Musammat Parbati Choudhrain, mother of the appellant remained for about a year in her husband's family, and then went away to her own family taking with her the plaintiff who was then an infant having been born in October, 1918 and never returned. In 1920 Parbati Choudhrain applied to the Revenue Court for registration of her name in the revenue records as having succeeded to her husband's share in the joint property but owing to want of means to prosecute her claim entered into a compromise with the co-sharers of Ramakant by which she accepted in full satisfaction, a maintenance allowance of Rs. 3500 a year.

(3.) Five years later, when the plaintiff was seven years old, her mother arranged to marry her to the son of Babu Ajodhiya Choudhary. Ajodhiya was a Zamindar of means. She brought a suit before the Subordinate Judge, Darbhan- ga bearing Title Suit No. 80/1925. In that suit she claimed for declaration in the share of the father Ramakant in the suit property. The learned Subordinate Judge dismissed the suit. In appeal a Division Bench of this Court consisting of Hon'ble Kulwant Sahay and Hon'ble James, JJ. reversed the decree of the Subordinate Judge and the appellant's suit was decreed by granting the declaration as prayed in the plaint.