INDRAJIT PRATAP SAHI Vs. AMAR SINGH

JUDGEMENT

(1.) The facts of this litigation are set out in detail in the judgments of the Courts in India; it is consequently not necessary to state them here at any length. The suit relates to two villages, named respectively Lakbawar Khas and Lakhawar Faridpur, lying within Mahal Margaon, appertaining to the Tikari estate in the province of Behar. It appears that in 1843 there was a Government survey of Mahal Margaon, in the course of which a Khasra map was prepared by the Amin of these two villages along with another called Lakhawar Damodarpur. The map is Exhibit 14 in this case, and the memorandum on the back is marked 14A.

(2.) In the middle of the nineteenth century the Tikari estate belonged to one Raja Mode Narain Singh, He died somewhere in the year 1856 or 1857 without any male issue, leaving him surviving two widows named respectively Rani Asmedh Koer and Rani Sunit Koer, a brother's son, Ran Bahadoor Singh and a sister's grandson, Krishna Pratap Sahi, the ancestor of the present appellant often named in these proceedings as the Raja of Tankuhi. On Raja Mode Narain Singh's death, in the absence of any direct male heir, natural or adopted, his widows took possession of the estate for their lives. Ran Bahadoor Singh who, under the circumstances, was the reversioner, appears, however, to have acquired possession by some arrangement with the widows.

(3.) In 1875 Raja Krishna Pratap Sahai brought a suit against Ran Bahadoor Singh and the two widows of Raja Mode Narain & Singh, for recovery of the whole estate, on the allegation that he had been adopted by the widows subsequent to the death of the Raja under authority given by him in his life-time. This suit was dismissed by the Subordinate Judge; from his decision an appeal was preferred to the High Court of Calcutta. Whilst the appeal was pending the parties came to a settlement and an ekrarnama was executed by Krishna Pratap in which were embodied the terms of the compromise. This document is marked Exhibit 20, and bears date May 30, 1880. By the terms of this agreement Raja Krishna Pratap Sahai undertook to withdraw all claims to the estate, in consideration of the grant to him by Ran Bahadur Singh, of a Mokarari settlement of certain villages set out in detail in that document Pursuant to this agreement Ran Bahadoor Singh, by a pottah of even date, granted to Krishna Pratap Sahai, the Mokarari of the villages named in the ekrarnama and set out specifically in the grant. The pottah recites the agreement already referred to and then proceeds to describe the properties demised thereunder. One of these is named as Damodarpur Lakhawar.