TARA KUMARI Vs. CHANDRA MAULESHWAR PRASAD SINGH

JUDGEMENT

(1.) These are consolidated appeals from a decree of the High Court of Judicature at Patna, The principal appeal is that of Thakurain Tara Kumari, who will be referred to in this judgment as the appellant. She is a pardanashin lady, the widow of Thakur Ram Narain Singh, who was in his lifetime the owner of an impartible estate known as Taluka Telwar. On her husband's death without issue in 1905, she was entitled to succeed to the estate, but was ousted by one Chatterbhuj Narayan Singh, who claimed to be a coparcener of her husband.

(2.) By deed dated 16 September 1906, she sold to the then Maharaja of Gidhaur an eight annas share of the estate, the object of the sale, as declared by the deed, being to obtain funds to recover the property from Chatterbhuj and to discharge existing encumbrances upon it. The consideration money for the sale was the sum of Rs. 50,000, of which some Rs. 47,000 was to he applied by the Maharaja in payment of the encumbrances and the balance, amounting to Rs. 2,542, was to remain on deposit with him, the appellant being entitled to draw upon it to defray the expenses of cases, etc." The appellant does not admit the validity of this sale but it is not in any way in issue in the present proceedings.

(3.) Litigation ensued with Chatterbhuj, everything being done, and all the necessary funds being supplied, by the Maharaja. Two separate suits were filed, one in the name of the appellant and the other in the name of the Maharaja, the latter being joined as a pro forma defendant to the appellant's suit and vice versa. Each claimed possession of a moiety of the estate. The plaintiffs succeeded in their suits before the Subordinate Judge, but the decrees were reversed on appeal to the High Court. Eventually, on 13 July 1915, the Subordinate Judge's decrees were restored by this, Board see Tara Kumari V/s. Chaturbhuj Narayan Singh, AIR 1915 PC 30 and the plaintiffs obtained possession of the property in November 1915.