MAHARAJA KESHO PRASAD SINGH Vs. SIV SARAN LAL

JUDGEMENT

(1.) THIS is an appeal by Maharaja Kesho Prasad Singh against a decree of the High Court of Judicature at Patna. The High Court reversed the decree of the Subordinate Judge of the second Court at Arrah, which had dismissed the suit with costs. The suit was to recover Rs. 5445 and the basis of the claim rests on an ekrarnama given by Maharani Beni Prasad Kueri, widow of Raja Sri Badha Prasad Singh Bahadur, K.C.I.E., gaddinashin and proprietress of Baj Reasat Dumraon (Dumraon estate) in pergana Bhojpur, district Shahabad, by caste an Ujjain Chhatri and by occupation a zamindar.

(2.) THE Dumraon Raj is impartible and the estate is an important one and of considerable extent. The family of the Maharaja trace their pedigree back for many centuries. The widow before named managed the estate after the death of her husband; it had been devised to her for the term of her life by the will of her husband.

(3.) ACCORDING , therefore, to this decree, the liability of the appellant was only as an administrator of the estate of the Maharani. The case has, however, been argued, and the respondent has claimed that he is entitled to his claim against the appellant on one of two grounds--that is to say, either against him as an administrator de son tort of the estate of the Maharani or as the owner of the Dumraon estate.