RAJKISHEN SINGH Vs. RAMJOY SURMA MOZOOMDAR

JUDGEMENT

(1.) THIS suit was originally brought by Rajah Prankishen Singh against Hurrosoondree Dabee, widow of one of his uncles Gopeenath Singh, and some purchasers from her, to recover possession, "by right of family custom," of one-third of 14 annas of Pergunnah Soosung. Rajah Prankishen died during the progress of the suit, and the present appellant is his eldest son. Hurrosoondree is also dead; the respondents, Buroda Debia and Pranoda Debia are daughters of Gopeenath and Hurrosoondree; the respondent Gour Kishore Lahdree is their grandson, being a son of Buroda Debia.

(2.) THE plaint states that, "according to family custom prevalent in the raj or estate, the right of the plaintiff, as proprietor, accrued to the estate since the death of his father, Rajah Bishonath Singh." The claim is rested entirely on the ground of family custom, under which it is alleged that the estate was descendible on the eldest son, to the exclusion of the other sons.

(3.) RAJAH Raj Singh, the grandfather of the plaintiff Prankishen, died in 1822, leaving three sons, Bishonath (the father of the plaintiff Prankishen), Gopeenath and Juggernath; and it is undisputed that on his death the three sons presented a joint petition to the Collector, describing themselves as the heirs of their father, and proprietors of the pergunnah, and praying to be registered, and that they were so registered for the 14 annas. Gopeenath held the one-third of the estate until his death; his widow Hurrosoondree succeeded to the possession, and when the present suit was commenced against her in 1861, Gopeenath, and she as his widow, had been in possession for nearly forty years, viz., from 1822 TO 1861.