Case Details

Citation(s)
1969 SLG 838 1969 SLD 838 1969 AIR 135 1969 SCR 1
Supreme Court of India
Civil Appeal No. 380 of 1965. Appeal from the and order dated May 23, 1963 of the Allahabad High Court (Lucknow Bench) in First Civil Appeal No. 70 of 1950. DATE OF JUDGMENT: 19/04/1968
SHAH, J.C.
C.B. Aarwala, I. A. Abbasi, S. Rahman and C. P. Lal, for the appellant. Jagdish Swaroop, A. K. Sen, R. N. Trivedi, S. S. Shukla and Yogeshwar Prasad for respondents Nos. 1 and 3.

RAJ KUMAR MOHAN SINGH & ORS.

VS

. RAJ KUMAR PASUPATINATH SARAN SINGH & ORS.

Law:

Section:

JUDGMENT: The Judgment of the Court was delivered bY Shah, J. The following is the genealogical table explaining how the parties are related : Raja Jagpal Singh Raja Surpal Singh d. 1900 (married Rani Jagannath Kuar) Raja Bishwanath Saran Singh d. 1946 second wife Third wife First wife Rani Fanindra Rajya Rani Sonamani Rani Aditya Lakshmi Devi, D 5 Devi, D6 Binai Kumari D4 Rajkumar Pasupatinath Saran Singh, D2 Rajkumar Rajkumar Mohan Singh Vijai Singh D1 D3 Raja Jagpal Singh was granted the taluqdari of the Tiloi Estate by the Government, and his name was entered as in Lists 1, 2 and 5 prepared under s. 8 of the Oudh Estates Act A of 1869. He died on September 15, 1875, and was succeeded by his son Raja Surpal Singh as taluqdar of the estate. Raja Surpal Singh had no legitimate children. On June 13, 190-0, Raja Surpal Singh executed a will disposing of his property and conferring upon his wife Rani Jagannath Kaur power to adopt a son. Raja Surpal Singh died on June 21, 1960. Rani Jagan- nath Kuar adopted on February 21, 1901, a son who was known as Raja Bishwanath Saran Singh hereinafter called 'Raja Biswanath. After the death of Raja Surpal Singh, the Court of Wards took over the management of the Tiloi Estate and continued to manage it till March 30, 1920, when it was released in favour of Raja Bishwanath. On August 29, 1932, Raja Bishwanath executed a deed of trust in respect of the Tiloi Estate and other properties primarily for the benefit of his creditors and the residue remaining after satisfying his debts for the benefit of his son Rajkumar Pasupatinath Saran Singh-hereinafter called "the Senior Rajkumar". Rani Jagannath Kuar died on August 7, 1933. On November 21 1936, Raja Bishwanath revoked the deed of trust On January 31 1942, the Court of Wards again assumed management of the Tiloi Estate on behalf of Raja Bishwanath and continued to manage the estate till it was released on the abolition of the Estate under the U.P. Zamindari Abolition and Land Reforms Act 1 of 1951. On August 2, 1946, Raja Bishwanath executed a will bequeathing the Tiloi Estate and its appurtenances to his son Rajkumar Mohan Singh-hereinafter called "the Junior Rajkumar". Raja…
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