SRI PADMA KUMARI PATTO MAHADEVI Vs. NANDA PADHAN

JUDGEMENT

(1.) These are two appeals by plaintiff in two rent suits from a decision of the learned District Judge of Ganjam-Puri, dated 2 July, 1937, confirming a decision of the learned Deputy Collector of Ghumsur, dated 21 October 1936.

(2.) The appellant brought these suits under Section 77, Madras Estates Land Act, for recovery of rent for Faslis 1342 and 1343. She was met with a plea of eviction by title paramount, which succeeded before both the Courts below. The appellant is the widow of one Puru-shottam Deo, who for some years prior to 1915, in which year he died, was in possession of the Sannokhimedi estate, which is an impartible estate. Shortly before his death, he made an assignment of the right to collect the rent of the villages in suit and some other villages in favour of the appellant as a jagir. Thereupon the appellant came into possession and. for a number of years continued to collect the rent. The former zamindar of the estate died in the year 1906, leaving a minor son. The appellant's husband however succeeded in obtaining possession of the estate ignoring the claim of the son on the ground that he was illegitimate. The appellant's husband succeeded in getting himself registered in the revenue accounts by the Collector as the zamindar.

(3.) After his death, his brother obtained possession of the estate. During this period some claims were instituted by other claimants contesting the right of the appellant's husband and brother, but the son of the former zamindar did nothing during his minority. He attained majority in the year 1919, and then he instituted a suit in the local subordinate Court for recovery of possession of the estate on the ground that he was the legitimate son of the previous holder. He succeeded in the subordinate Court, lost his case in the Madras High Court, but eventually succeeded in November 1932 before the Privy Council, when the judgment of the subordinate Court of Berhampore declaring him entitled to possession was restored. This decree was put into execution, and the claimant came into possession of the estate.