SIVA PROSAD SINGH Vs. RANI PROYAG KUMARI DEVI

JUDGEMENT

(1.) This is an application by one Shiva Prosad Singh for leave to appeal to His Majesty in Council.

(2.) The suit related to an impartible estate of one Raja Sangram Singh. He left three sons. Durga Prosad Singh was the descendant of the first son. He died on the 7 of March 1916, leaving three widows who are the plaintiffs in the suit. Siva Prosad, the applicant, is the descendant of another son of Raj a Sangram Singh, He is the defendant in the suit. After the death of Durga Prosad, the defendant entered into possession of the estate. There was an installation ceremony held in March 1916 and the defendant's name was registered as the proprietor of the estate under the Land Registration Act. Durga Prosad bad left a Will dealing with certain jewellery and money, the Will containing, among other matters, a provision that each of the widows was to receive Rs. 300 a month by way of maintenance. No Probate was taken out of the Will. But in August 1916 certain arrangements by means of certain documents were made for the purposed of carrying out the Will: and, there being sorne money in the Bank of Bengal, a suit was, brought by Siva Prosad against the Bank and against the widows, in which a decree was made in favour of the present defendant who was the plaintiff in that suit, in August 1917.

(3.) The present suit was brought in March, 1919 in the Alipur Court, and the main claims were, first, to recover the impartible estate: secondly, to recover certain moveable and immoveable properties which were alleged to be the self-acquired properties of Durga Prosad; thirdly, for a declaration that the Will was not a genuine one; fourthly, that the decree in the suit was not binding upon the plaintiffs, and, fifthly, that the documents, to which T have referred, whereby the parties agreed to give effect to the Will, were not binding on the plaintiffs.