SAVITRI DEVI Vs. RAM RAN BIJOY

JUDGEMENT

(1.) This is an appeal by leave of the High Court of Judicature at Fort William in Bengal from the judgment and decree of that Court in its civil appellate jurisdiction, dated 26 August 1946, affirming a judgment and decree of the same Court in its ordinary original civil jurisdiction, dated 4 September 1942, dismissing with costs the suit of the plaintiff which sought to set aside a compromise decree. No relief is claimed against respondents 2, 3 and 4 who have not appeared in the appeal.

(2.) The litigation relates to the title to an ancient impartible Raj known as the Dumraon Raj, which is said to be of the value of four crofts of rupees. The original plaintiff and defendant had a common ancestor in one Parbal Singh who died in the year A. D. 1672. Parbal had a grandson, Raja Horil Singh, who founded the Dumraon branch of the family, and a grand-son, Udwant Singh, who founded the Jagadishpur branch of the family. The last undisputed owner of the Dumraon Raj was Maharaja Sir Radha Prasad Singh (hereinafter referred to as ''Sir Radha").

(3.) On 12 March 1889, Sir Radha executed a deed poll whereby he empowered his wife, Maharani Beni Prosad Koer, to adopt a son, who might be a member of the Jagadishpur branch of the family, in the event of his dying without leaving male issue or without having adopted a son who should attain his majority.