CHATURBHUJ NARAIN SINGH Vs. TARA KUMRI

JUDGEMENT

(1.) The two present appeals arise out of in suits brought against the appellant in both appeals (1) by Takurani Tara Kumari widow of Takur Ram Narain Singh of gadi Telwa and (2) by Maharaja Sir Raveneswar Prosad Singh Bahadur K.C.I.E. of Girdhaur in which each claimed to recover from the appellant a half share of Taluq. Telwa, the widow of one-half share by right of inheritance from her husband, the Mahrajah of the other half share by right of purchase from the widow. The Maharajah in his suit, out of which Appeal No. 132 of 1909 arises, sought also in the alternative to have it declared that in his capacity of representative in interest of the mortgagees and creditors (defendants Nos.7 to 12) of the deceased Thakur Ram Narain Singh, he was entitled to recover from the estate all the money including interest &c. up to the date of realization due under the mortgage and sudbarna bonds and deeds of transfer and to be declared to be entitled to possession of the properties covered by the sudburna bonds (usufructuary mortgage bonds) dated the 5 Aghran 1298 and 22nd Magh 1310 and if dispossesse I daring suit to mesne profits during dispossession.

(2.) Telwa gadi originally belonged to Thakur Bhyro Narain who died in 1272 Fasli leaving 2 sons, Ranjit Narain and Bhupat Narain. The gadi being an impartible estate and succession to it being governed by the law of primogeniture, the custom being that the eldest son of deceased malik succeeded to the entire gadi while the other sons are entitled to maintenance only, Ranjit Narain the eldest son succeeded by inheritance to the gadi on the death of his father.

(3.) On 14 Asin II 1287 Fasli, Thakur Ranjit Narain executed a permanent mokarari lease in favour of his brother Bhupat Narain of two mouzahs Ghatori and Bothnabaran together with 4 bighas of paddy growing land in Tala Kanoi as a khorpesh grant for his maintenance.