RAGHUBANS KUMARI JU DEO Vs. RAGHURAJ SINGH

JUDGEMENT

(1.) This is a plaintiff's appeal. The plaintiff is the daughter of Raja Raghunath Singh of Sikri Estate in the district of Jalaun who died on 27 October 1911. The Sikri Estate consists of properties in two taluqas, taluqa Khaksis, comprising eleven villages, details of which are given in Schedule A attached to the plaint, and taluqa Sikri comprising eight villages, details of which are given in Schedule B. It is admitted that it is an impartible estate and goes to a single owner. Raja Raghunath Singh, the last male owner, had got the property by inheritance from his father, Raja Daulat Singh, who had died on 25 January 1896. Raja Raghunath Singh remained the owner of the estate till his death on 27 October 1911. At the time of his death he had no son. He was survived by his third wife, Rani Harbans Kishori, and by his daughter by her, the present plaintiff. The plaintiff was a minor, aged about four or five years, at the time of the Raja's death. The estate had been taken over by the Court of Wards in the year 1895 in the lifetime of Raja Daulat Singh and the Court of Wards had continued to remain in charge of the estate during the lifetime of Raja Raghunath Singh.

(2.) On 26 October 1911, a few hours before his death the Raja made a will, and the main point for decision in this case is the interpretation of that will Ten or twelve days before his death, the Raja is said to have sent to the Collector his wishes as regards succession to the property after his death, but that writing is not forthcoming. On 26 October Pandit Lachmi Narain, the Assistant Manager of the Court of Wards, went to see the Raja in the morning and as he found him to be very ill, he suggested that the Raja should put down his wishes in writing. The Peshkar of the Court of Wards, Bhagwan Sahai, took down the wishes of the Raja, "step by step", as they were disclosed to the Assistant Manager and to the other persons present there. The document was then signed by the Raja and was attested by a number of witnesses.

(3.) After the death of the Raja the Court of Wards continued to manage the property on behalf of the widow Rani Harbans Kishori. In the year 1916 the Rani, the plaintiff's mother expressed a desire to make an adoption, but the boy selected being the only son of his father the Court of Wards raised certain objections. In the year 1927 the Rani adopted the present defendant, Raghuraj Singh. He is the younger brother of the boy whom the Rani wanted to adopt in the year 1916. Some time after the adoption the Court of Wards issued fresh notifications to show that they were holding the estate thenceforward on behalf of Raghuraj Singh. On 20 February" 1932, the Rani made an application to the effect that she had heard that mutation of names in respect of the estate was going to be effected in favour of the adopted son and she prayed that her name may be allowed to remain till she was alive. She stated that the adopted son was a minor and was receiving education and that as soon as he had completed his education to her full satisfaction, she would herself make a report for mutation of names in his favour. This application was, however, rejected by the Board of Revenue on 15 March 1932, and the estate was after that date recorded in the name of the defendant, Raghuraj Singh, and the name of the Rani was expunged from the village records.