MON MOHAN SINGH Vs. RAGHU NANDAN SINGH

JUDGEMENT

(1.) This is an appeal by Mon Mohan Singh, who has been substituted in this appeal in place of the deceased plaintiff, against the decision of the learned Subordinate Judge of Purulia dated 8l May, 1987, by which he dismissed the suit instituted by the original plaintiff for a declaration of her title to the entire Raj Jaypur and for recovery of possession thereof together with mesne profits.

(2.) Various issues of facts and law were raised in the Court below by the defendants who claimed title to remain in possession of the Raj as legatees under a will executed by the late Baja in their favour. But with the exception of one question they have all been decided in favour of the plaintiff. The sole question which remains for determination in this appeal is whether the will executed by the late Baja, who was the last holder of this Raj, in favour of the respondents was a valid will in view of the provisions of the Chota Nagpur Encumbered Estates Act (6 of 1876) hereinafter to be referred to as the Act in the following circumstances.

(3.) It is common ground that the Raj was taken charge of by the Court of Wards under the provisions of the Court of Wards Act (Act 9 of 1879) but subsequently in October 1916, when it was found that Baja Bhikhambar Singh, the last holder of the Raj, had become heavily indebted, the Raj came under the management of the authorities as provided by the Act. The Baja executed a will on 24 September 1919, by which he bequeathed 8 annas share in it to his fourth wife Rani Chandrabali and the remaining 8 annas to the first defendant who has now been found to be the illegitimate son of the Baja in the sense that he was not his real aurash son. The Baja died on 25 February 1921, and the Raj which has-been found to be governed by the rule of impartibility was released from the charge-as an encumbered estate on 6 March 1931; and handed over to the two legatees under the will which had been probated by the-decision of the High Court in 1925. Rani Chandrabali, one of the legatees, died on 21 March 1934. She was the last survivor of the four wives of the Raja, and therefore the plaintiff as the daughter of the second wife instituted the present suit on 13 May 1986, on the ground that the succession then-opened out to her, she being the eldest surviving member in the family of the Baja. Defendant 2, as the daughter of Rani Chandrabali, is in possession of the 8 annas share which had been bequeathed by the will to her mother.