SHIBA PRASAD SINGH Vs. RANI PRAYAG KUMARI DEBI

JUDGEMENT

(1.) The questions involved in these appeals relate to the right of succession to an estate known as the Jheria Raj, situated in the district of Manbhum, and other property, moveable and immovable, left by Raja Durga Prasad. The suit out of which the appeals arise was instituted by the widows of Raja Durga Prasad in the Court of the Subordinate Judge of the 24-Perganas against Shiba Prasad Singh, a distant agnatic relation of the Raja, to recover the estate and other property. On 3 November 1921, the Subordinate Judge passed a decree whereby he allowed the suit in part and dismissed it as to the rest. Both parties appealed to the High Court at Calcutta, and the High Court by its decree dated 17 August 1925, allowed the appeals in part. From this decree of the High Court both parties have appealed to His Majesty in Council. The parties are governed by the Mitakshara School of Hindu law. The Raj is ancient and ancestral, and it is impartible by custom, and succession to it is governed by the rule of lineal primogeniture. The last holder of the estate was Raja Durga Prasad, who died childless on 7 March 1916, leaving three widows and Shiba Prasad Singh, his second cousin. The pedigree of the family, so far as it is necessary for the determination of the appeals, is as below: Raja Sangram Singh died in 1836 leaving four sons. The Raj then devolved successively on Raja Udit Narain, Raja Rash Behari Lal, Raja Jaymangal, and Raja Durga Prasad. Shiba Prasad Singh is the great-grandson of Raja Sangram Singh. On 27 August 1915, Raja Durga Prasad made a will whereby he purported to dispose of some of the properties in dispute. The will is governed by the Hindu Wills Act 1870. Several sections of the Indian Succession Act, 1865, are thereby made applicable to wills governed by the Act. Amongst them is S. 187, which provides that "no right as executor or legatee can be established in any Court of justice, unless a Court of competent jurisdiction in British India shall have granted probate of the will under which the right is claimed, or shall have granted letters of administration with the will. . . annexed."

(2.) No executor has been appointed under the will of Raja Durga Prasad nor have any letters of administration with the will annexed been obtained by any person. None of the parties however to this litigation seeks to establish any right as legatee under the will. On the contrary, both parties claimed in the Courts in India, and they claim here, on the footing of intestacy. Their Lordships have been assured by counsel in the case that no person other than the parties to these appeals is interested in the succession to any of the properties in dispute. The will, it may be observed, has been held to be genuine by both the Courts in India.

(3.) After the death of the late Raja, Shiba Prasad Singh entered into possession of the estate and other properties. Shortly afterwards disputes arose between him and the widows, and on 5 August 1916, three bantannamas were executed one by each widow whereby for the consideration mentioned in those writings they acknowledged Shiba Prasad Singh as the rightful successor of the late Raja, and relinquished their claim as the heirs of their husband to all properties left by him. On 6 March 1919, the present suit was brought by the three widows against Shiba Prasad Singh. In their plaint they stated that Raja Udit Narain had separated from his brothers, that they as the heirs of their husband were entitled to succeed to the Raj and all other properties left by him, that the bantannamas were obtained by Shiba Prasad Singh by fraud and undue influence, that he had wrongfully taken possession of the Raj and the properties, and they claimed possession and other reliefs. As regards the Raj it was also alleged that if all the three widows together were not entitled to it, at least the senior widow was. The widows are hereinafter referred to as the plaintiffs and Shiba Prasad Singh as the defendant.