BAIJNATH PRASAD SINGH Vs. TEJ BALI SINGH

JUDGEMENT

(1.) The question arises as to the succession to the zamindary of Agori Barhar. The estate is of great value, and the question raised is one of wide importance.

(2.) The estate fell vacant by the death of Rani Kunwari, the widow of the last male holder, Baja Kesho Saran Shah. She died in 1913, having possessed the estate since the death of her husband in 1871, but it was conceded that her possession was not due to any title arising out of separation or self-aquisition.

(3.) This couple left no children, and to trace the succession you have to go up for five generations to find an ancestor common to Baja Kesho Saran Shah, the last mile holder, and the two claimants who are adversaries in the appeal. This common ancestor, Raja Sudisht Narayan Shah, had three sons, from the eldest of whom Raja Kesho Saran was descended. There is no one left in this line. The descendants of the second son are also extinct.