JAGADIS CHANDRA DEO DHABAL Vs. SATRUGHAN DEO DHABAL

JUDGEMENT

(1.) The present suit is the outcome of a previous suit, No. 35 of 1891, instituted by Iswar Chandra Deo Dhabal Deb, the father of the present plaintiff, against defendant No. 1, Raja Satrugban Deo Dhabal, to hare his right declared to succeed as heir to the Raj of Dhalbhoom on the death of Raja Ram Chunder Dhal No. Ill and to recover possession of the property from the defendant. In that suit, a petition of compromise was filed on the 25 November 1892, and the suit was decreed according to the terms of the compromise on the 30 November 1892.

(2.) The terms of the compromise, in brief, were that Raja Satrughan Deo Dhabal was to remain as Raja during his lifetime; that on his death his children, if any, would succeed; that if he died childless, the estate was to go to Iswar Chandra Deo Dhabal. Further, Raja Satrughan agreed to execute in favour of Iswar Chandra a putni lease of a compact portion of the Dhalbhoom estate yielding an annual income of Rs. 9.07;" and paying a rental of Rs. 75 per annum, as well as customary presents. The Dhalbhoom estate was at that time under the management of Government under the Encumbered Estates Act (VI of 1876), and the agreement was that the lease should be given three months after the estate was released. The estate was in fact released on the 5 May 1899.

(3.) Execution of the decree does not appear to have been token out until 1901. It was opposed by defendant No. 1, and on the 4 July 1902 the application was dismissed, the Judge holding that as the decree left the property undetermined the decree was incapable of execution.