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Case Summary: Anund Lal (Appellant) v. Maharaja Dheraj Gurrood Narayun Deo (Respondent)

Factual and Procedural Background

The dispute concerned the pergunna (estate) called Kasaepar, which formed part of the Zemindary (also described as the Raj) of Pacheet in the Jungle mahals of the Bengal Presidency. A former Raja (Muni Lal / Raghonath Narayun) had, in the 1770s, granted possession or use of Kasaepar to Kunchun Lal (and subsequently to Sutroghun, Kunchun Lal’s adopted son). The respondent (Maharaja Dheraj Gurrood Narayun Deo), claiming that the Zemindary of Pacheet was an indivisible Raj that devolved intact upon the eldest heir and that grants by a Raja were generally only for maintenance and resumable by his successor, brought an action in the Provincial Court of Calcutta to recover possession from the appellant (Anund Lal).

Procedurally: the Provincial Court (Judge James Curtis) in 1829 dismissed the respondent’s claim and declared the appellant in possession. The respondent appealed to the Sudder Dewanny Court (Mr. Rattray) which, in 1833, affirmed the Provincial Court. The respondent obtained leave to review that judgment (order admitting review dated 25 May 1837). On review, Mr. Rattray (21 Aug 1838) reversed his former decision; Abercrombie Dick (2 Dec 1839) disagreed and would have affirmed the original dismissal. Because the Sudder Court was divided, a third judge (Edward Lee Warner) in Feb 1840 concurred with Mr. Rattray and decreed in favour of the respondent, reversing the earlier decrees and putting the respondent into possession. The appellant then appealed to Her Majesty in Council. The opinion summarized here was delivered by Lord Langdale (Feb. 22, 1850).

Legal Issues Presented

  1. Whether the Zemindary (Raj) of Pacheet constituted an indivisible, entailed/inalienable estate (a Raj descending entire to a single heir) and, if so, whether a predecessor Raja could alienate portions of it so as to bind successors.
  2. Whether the grant of the pergunna Kasaepar to Kunchun Lal (and thereafter to his adopted son Sutroghun) was a grant in fee (permanent proprietary title) or a grant for maintenance only (terminable on the death or succession of the grantor).
  3. If the grant was only for maintenance, whether the Raja in possession (the respondent) had the right to resume the pergunna upon succession.
  4. Whether the appellant’s long possession and the lapse of time (limitation) barred the respondent’s claim.

Arguments of the Parties

Appellant's Arguments

  • The appellant (Anund Lal) contended that his hereditary title to Kasaepar derived from Kunchun Lal and subsequent confirmations; he produced a deed dated 26 July 1775 and other evidence to show a proprietary descent and continuous possession.
  • He denied that the Zemindary was an indivisible Raj; he asserted it was divisible among brothers and had in fact been divided in Bengal year 1155 (1748–9) between Muni Lal and Mohun Lal.
  • The appellant argued the grant to Kunchun Lal (and confirmatory instruments) were in fee (permanent), not limited to maintenance, and thus not resumable by successors.
  • He also relied on long possession and lapse of time (limitation), asserting the respondent’s claim was barred.

Respondent's Arguments

  • The respondent maintained that Pacheet was a Raj in the family usage sense: indivisible, descending entire to a single heir (the eldest), excluding other family members from proprietary succession.
  • He argued that grants made by an incumbent Raja, when made for the maintenance of relatives, were intended to be for life/maintenance only and did not bind successors — such grants were resumable by the Raja who later succeeded.
  • The respondent asserted that evidence (including official inquiries and orders from the 1771 inquiry and government records) established that Muni Lal had been recognized by government as entitled to the whole Zemindary, and that Kunchun Lal was to receive only an allowance/maintenance.
  • He denied the validity or sufficiency of some contemporaneous deeds relied on by the appellant (for example alleging a particular earlier deed was unworthy of credit).

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Regulation XI of 1793 (Bengal) Recognises that, in certain Jungle mahals (including parts of Midnapore), a local custom prevailed by which succession to landed estates commonly devolved to a single heir and estates were treated as indivisible. The Court relied on the established inquiry and the government practice reflected in this regulation to treat the question of family usage and indivisibility as legally significant when deciding whether the Zemindary was indivisible and whether grants could bind successors.
Regulation X of 1800 (Bengal) Recognises the custom of indivisible estates of inheritance in the Jungle mahals and preserves such local usage. The regulation was cited as supporting the force of the local family usage that the Zemindary could be treated as an indivisible Raj for purposes of succession and the legal consequences of grants made within that system.
W. Macnaghten, Principles of Hindoo Law Textual authority on principles of Hindu law relevant to inheritance and succession (cited on the question of the Raj's character and inalienability). The Court cited this authority among others to consider the legal contours of an entailed or indivisible Raj and to inform its understanding of whether such estates were capable of alienation.
1 Strange, Hindoo Law (ed. cited) Text authority addressing aspects of Hindu inheritance law and related principles (specific pages cited: 198, 208). Used as supporting legal commentary on inheritance customs and the legal effect of grants in the family/tribal context under which the Raj operated.
Raja Deedar Seâ v. Ealzee (2 Moore’s Ind. App. Cases, 441) Case authority cited on questions relating to Raj estates and succession (used as precedent on issues of indivisibility/usage). Referred to as a judicial precedent relevant to the court’s treatment of the indivisibility and alienability of Raj-type estates in the Jungle mahals context.

Court's Reasoning and Analysis

The court proceeded by examining (1) the documentary and official evidence of the family's usage and the 1771 governmental inquiry, (2) the nature and terms of the deeds and instruments relied upon by the appellant, and (3) the temporal and factual context bearing on limitation and possession.

1. Use of official investigation and government recognition (1771 and related documents):

  • The courts placed significant weight on the inquiries, letters, and opinions produced in 1771 (including Mr. Higginson’s report and the opinion of the deputy minister/Nazim) which recorded that, by custom and usage, the Raj was indivisible and the eldest heir alone was entitled to succeed.
  • The Council of Revenue's action in 1771 (orders to instal Muni Lal / Raghonath Narayun in the Zemindary and to provide an allowance to Kunchun Lal) was treated as evidence that Muni Lal was recognized as entitled to the whole Zemindary and that Kunchun Lal’s position was essentially that of a maintenance allowance.

2. Character of the 1775/1776/1797 deeds and the intent of grants:

  • The Court scrutinised the deed dated 26 July 1775 (and the surrounding circumstances). Even accepting that deed as genuine, the Court found nothing in it clearly demonstrating a permanent proprietary gift beyond what might be intended as maintenance.
  • The deed of 7 May 1797 (executed by Bhurut Sikhur / Raja Gurrood Narayun, the successor) was interpreted as confirming Sutroghun’s possession “according to the former deeds” and was regarded as consistent with a grant for maintenance rather than an absolute fee. The Court regarded this as showing that the earlier instrument was not necessarily an absolute permanent alienation.
  • The Court rejected as uncredible a contemporaneous deed alleged to have been executed by Sutroghun to Bhurut Sikhur (i.e., the court considered some documents unreliable on their face or inconsistent with established facts).

3. On indivisibility and alienability:

  • The Court was not persuaded that the appellant had proved an established custom of divisibility prevailing at the material times; instead, the official inquiries and executive acts supported the position that the Zemindary was treated as an indivisible Raj and that transfers by a Raja were subject to the family usage whereby the new Raja could confirm or resume grants made for maintenance.
  • Because the evidence supported that Kunchun Lal’s interest derived from an arrangement in the context of Muni Lal’s recognized entitlement to the entire Zemindary and that Kunchun Lal was to receive an allowance/maintenance, the Court concluded the grant should be treated as one for maintenance (and thus resumable) rather than an inalienable sale or permanent proprietary transfer binding on successors.

4. On limitation and lapse of time:

  • The Court held the limitation defence did not apply in the circumstances. It treated the relevant starting point for limitation as linked to the Collector’s order (1818) that gave rise to the present claim and the guardian-and-suit arrangements, and concluded the respondent’s suit was instituted within the time prescribed given the family usage that allowed renewal or resumption.

5. Weighing conflicting evidence and credibility:

  • Because the evidence was conflicting, the Court evaluated the official, contemporaneous governmental inquiries and the pattern of revenue payments and administrative actions (for example, the Rajs paid government revenue; government had reversed sales in 1799 and reinstated the Raja). These matters supported the conclusion that Sutroghun’s possession had been treated as maintenance and that later Rajas had power to resume.

Holding and Implications

Holding

The court held that the disputed grant of the pergunna Kasaepar was, in substance, a grant for maintenance only and not a permanent proprietary transfer binding on successors. Accordingly, the grant was resumable by the Raja in possession. The practical outcome was that resumption was decreed and the Raja (the respondent) was to be put into possession of Kasaepar. In short: the grant was held to be for maintenance only and resumption was decreed in favour of the Raja in possession.

Implications

  • Direct effect: The immediate consequence was that the respondent (the Raja in possession) was entitled to resume Kasaepar and to be restored to possession; prior decrees favouring the appellant were reversed by the judges who found for the respondent, and the Privy Council reasoning supports treating the grant as resumable.
  • On precedent/authority: The decision relied upon established regulations (Regulation XI of 1793 and Regulation X of 1800) and textual authorities to give legal weight to local family usage treating certain Jungle-mahal Zemindaries as indivisible Raj estates. The opinion did not purport to create a new general rule beyond applying those authorities to the facts of this Zemindary; the court applied existing regulations and case/text authorities to the particular evidence in this record.

Note: This summary is confined strictly to the statements, facts, authorities, and reasoning contained in the provided opinion text. No information not present in that text has been added.

    Anund Lal Sing Deo v. Maharaja Dheraj Gurrood Narayun Deo, Bahadur (India)

    B MOOBE IND. APP., 82 ANUND LAL SING DE0

    [82] A ~ U ~ ~ LAL SING ~ ~ U , - ~ ~ ~ ~ t ; M A ~ A ~ A J A ERA^ ~ U ~ R ~ U ~

    N A E ~ ~ ~ ~ DEU, ~ A ~ A D ~ J R , - ~ e ~ ~ o ~ ~ ~ ~ * [Feb. 12, 13, 18501.

    Orz A p p d front the S&ey ~~~u~ A&wlut, at ~ e ~ ~ a ~ .

    A grant by a former Raja of Pacheet, of a pergunna, part of the ~ e ~ n i n d a r y or

    Raj of ~ a c h ~ t ~ to a member of his family, held to be a grant for m a i l ~ t e n a ~ ~ c ~

    only, and resu~nption decreed to the Raja in possession.

    Semble: Grants made by the predecessor of the Raja in possession, whether in

    fee or for maintenance, enure only during the lifetime of the grantor, and

    are not binding on his s u ~ e ~ s o r .

    ~ T ~ ~ e t h e r the Z e m ~ n d a r ~ of Pacheet constitutes an ~ n ~ ~ v ~ s i b ~ e estate of ~ n ~ ~ e ~ i t a n c e ,

    and as such in~lienable, ~ ~ ~ e ~ e ?

    The Res~ondent in this case was the Raja of Pacheet, a province situate in the

    Jungte mahals of ~ ~ i d ~ i a p o r e ; and the question in the appeal was, whether the

    Respondent, as the Eaja in ~ossession, had the right to resume a pergunna named

    Kasaepar, whicb formed part of the ~ e m ~ n d a r y or R a j s ~ i p of Pacheet, and which

    had been granted by a former Raja of Pacheet to the ancestor of the ~ p p e ~ l a n t .

    The case of the Eesponde~t was, that Pacheet, by law and the usage of the family,

    constituted a Raj, and descended entire to a single heir, to the exclusion of the other

    members of the €aniily; and that a grant made by a former Raja, of part of the

    Raj, to a member of the family, enured only during the lifetime of the grantor,

    and was not binding on his successors, The Appellant denied that the Zemindary

    was a Raj, and as such descended entire, contend in^ that it Ern] was div~sibIe among

    brothers, and had been divided in the Bengal year 1255 (1748-9 A.D.) between Muni

    La1 and his uncle, ~ o h u n La1 ; that on the death of ~ o h u n Lal, his brother, ~ u n c h u n

    Lal, succeeded to Mohun Lal's share, and that ~f terwards Kunchun Lal's only son

    having died, he adopted as his son S u t r ~ g h u ~ , the seoond son of ~u~~ Lal, and gave

    up to Muni La1 the whole of his share of the Zemind&ry, except ~ a s a e p a r , which he

    gave to Sutro~hun, and that this title was confirmed by a deed executed by Xuni

    La& the re at- rand father of the Respondent, in 1775, which was afternrards CWP

    firmed by a deed dated the 7th of May, 1797.

    The A ~ p e l ~ a n t and Respondent were both m e ~ b e r s of the ~ ~ r a ~ u n De0 f a ~ i ~ y ,

    i n whose possession the ~ e ~ i n d a r y or Rajship of Pacheet had remained for several

    ge~era t~ons .

    It appeared from the evidence, that previously to the country in which Pacheet

    i s situate becoming subject to the English Government, the affairs of the Raj were

    involved in great confusion. In 1752, one Gurrood Naraylln was Baja ; his elde&

    son, ~ ~ h e e k ~ ~ ~ i ~ ~ Lal, died, leaving a son named Muni Lal, and whilst Muni Lal was

    still it minor, family disputes took place, and Gurrood N ~ r a y u n and most of his

    c ~ ~ i ~ d r e n w re killed in 8 sanguinitr~ conflict. A contest then took place for the

    possession of the Zemindary, and ~ o h u ~ ~ Tal, a younger son of the deceased Raja,

    sought8 to oust his nephew, Muni La], and usurp the Raj by force. Muni La1 was

    nrorsted in these conflicts with Mohun Lal, and Mohun La€ got possession vf part of

    the Raj, and in this possession Xuni La1 appeared to have ac~uiesced. In 1765, Nuni

    La1 and Mohun La1 were both forcibly dispossessed by one &gut Ghund. f84] In

    2769, or the beginning of 1770, however, Muni Tal regained p o s s ~ s i ~ n , and ir?

    Au~ust , 1T70, Mohun La1 died ~ i t ~ ~ o u t iss e. Kunohun Lal, a younger brother of

    Mohun Tal, and uncle of Muni Lal, then set up a claim to a share of the ~ e ~ ~ n d a r y ,

    xnd got posEession of the lands held by Mohun Lal. In the meantime the British

    poirer had become supreme in the country, and in September, 1770, Muui La1

    petitioned the Govern~ent) through the Council of Revenue a t N o o r ~ h e d ~ ~ a ~ , for

    redress, c ~ a ~ m i n g the Raj as entire. This fed ta an investigation of his right by

    the British ~ L i t ~ ~ o r ~ t ~ i e s ; Mr. ginson, on, the s u p e r ~ ~ s o r f thv d i s t r ~ c ~ of B ~ e ~ b h o o ~ ,

    being directed to inquire and report on the subject. A full inquiry was instituted,

    * Present : ~ e ~ b e r s of the judicia^ C o m ~ ~ t ~ e e ) - ~ o r d B ougham, Lord Lang-

    dale, Lord Ca~pbel i , the Right Hon. Dr. L u s h i n ~ ~ n , the Right Hon. T, Pemberton

    Leigh. and the Right Hon. Sir ~ d w a r d Ryen.

    826

    - .".-".--*--. __ ~ I-.-

    v. MAHARAJA DHERAJ GURROOD NARAYUN DEO 118501 v XOORE IND. ME., w

    and in 1771, Mr. Higginson reported, that, by custom and usage, the Raj was in-

    divisible, and the eldest heir alone entitled to succeed. The opinion of the Nawab

    of the Naaim of Xoorshedab~ on the question of the right of succession to the

    entire Raj was also obtained, which was likewise in favour of Muni Lal’s title, and

    accordingly, in March, 1771, on tlie ground that the Raj was indivisible, and that

    Muni La3 wtw alone entitled to the possession, orders were issued to Mr. Higginson

    to instal Xuni La1 in the ~emindary, and this was accordingly done, and he became

    Raja, with the name or title of Raghonath Narayun. Upon the dispossession of

    Bunchun La1 he fled to Ramgur ; but afterwards, upon a promise of protection and

    a money allowance, he returned to Pacheet, when Muni La1 agreed to make a pro-

    visien for the ma~ntenance of Kunchun La& and accordingly gave him the pergunna

    Kasaepar for that purpose. About this time Bahadur Sing, the only son of Bunchun

    La1 entered into possession of the pergunna, and died in August, 1781, and Muni

    Muni Lal, to whom he granted the lands which Muni La1 had given him. Bunchun

    La! entered into possession of the.pergunna, and died in August, 1781, and Muni

    Lal then resumed possession of Kasaepar. Muni La1 died in 1792, and was succeeded

    by his son, Bhurut Sighur, also called Raja Gurrood Narayun, the grandfather of

    the Res~~ondent~ He executed a deed, dated the 7th of May, 1797, giving Sutroghun

    pwsession, in these terms : -“ As you have informed me that you are in possession

    af pergunna Kasaepar, under a deed granted hy Maharaja Dheraj Raghonath

    ~ ~ r a y u n Deo, my father, and Kunc~~un La1 b, my uncle, and that you now require

    a deed from me, I, therefore, give you this deed without having seen those twc?

    deeds. You may possess it according to the former deeds.” Bhurut Sikhur after-

    wards attempted to take back Kasaepar, but Sutroghun continued in possession untiii

    his death, The Government revenue for the pergunna was always paid by the Rajs

    of Pacheet. The affairs of the Zemindary were entrusted to Sutroghun, but by his

    mismanagement the revenue was allowed to fall into arrear ; and amongst the other

    property, Sfty-five villages cif the pergunna Kasaepar were brought to sale for

    arrears of revenue, and sold. b j a Gurrood Narayun petitioned the govern men^

    fcr relief against these sales, a0 having been effected through oppression and fraud

    exercised towards him by the native officers of Government. An i n v ~ t i g a t ~ o n took

    place, and a report was made, estab~ishing the justice of the Raja Gurrood Narayun’s

    ccmplaints ; and in 1799, an order vas passed for reversing the sale complained of,

    and amongst others, the sales of the Kasaepar villages, and reinstating the Raja in

    the possession of his Raj. Raja Gurrood Narayun died [86] in 1816, and was

    eucceeded by his son, Chyte Sing, called Raja Raghonath Narayun, the father of

    the Respondent. In 1818, Sutroghun died, leaving the Appellant, his son, an infant

    In that year, Raja Raghonath Narayun petitioned to have the pergunna Kasaepar

    delivered to him, on the ground that the Raj was entire, and had devolved solely on

    him, and that no grant made by his ancestor could be binding upon him,

    In answer to thiFp application, he was told that if he had any claim to the per-

    gunna, he must institute a suit to establish his right. Re died 00me time in 1819,

    witbout having i n s t i t u t ~ any proceedin~s for recovery of the pergunna, and was

    succeeded by his son, the prment Respondent, who, on the 25th of February, 1822,

    filed his plaint in the Provincial Court of Calcutta. By the plaint he alleged, that

    the ~eminda ry of Pacheet had descended to him from s i ~ t y ~ ~ g h t generat~ons, and

    thn: according to the usage of his family, the eldest son of a deceased Raja succeeds

    to the Rajship, and i s entitled to possession of all the lands of the Zemindary, and

    h o u s ~ ~ o ~ d property and effects, and paying the Go~ernment revenue ; while the other

    sons and brothers of the deceased Raja and their families were allowed maintenance,

    and remain subject and obedient t o the Raja. He then stated, that if any Raja,

    during his Rajship, gave a village or pergunna from his Zemindary, a t a low rent,

    for the support of a son or brother, and after his death his eldest son succeeded

    to the Ra~ship, the grant and settl~ment of the deceased Raja became null and void,

    and they have nothing further to do with the hereditary Zemindary; that according

    to family usage, the sale and gifts of the former Zemindars continue only during

    their Bajship, and are not permanent : and [B?) that whoever becomes the Raja after

    their death has the power of confirming or annulling them, and of making a new

    settlement. The Respondent, by his plaint, further stated, that his great-grand-

    father, Ra~honath, gave the pergunna Kasaepar from his Zemindary tc his U ~ C I ~ ,

    827

    Kunchun Lal, in lieu of ~ ~ ~ ~ t e n a n c e ~ and that the latter held it for eight years;

    a d that after his death, in 1781-2, ~ g h o n a t h , according to usage, resumed the

    p e r ~ n n a , and i n c ~ u d ~ it in the ~ e m i n d a ~ , and paid the Government revenue. Ths

    plaint then went on to state, that after the death of ~ g h o n a t h , the g re%~-gran~-

    frrtber of the Respondent, ~ a h a r a j a Qheraj Currood ~ a r a y u n Deo, succeeded to the

    BajRhip, and took poss~sion of the pergunna of Xasaepar ; and he made his younger

    brwiher, Sutroghun, the manager of the affairs of the ~ e ~ ~ n d ~ r ~ ~ who for some time

    ~ ~ ~ ~ g e ~ the ~ e m i n d a ~ y , subjwt and o b e d ~ ~ i t to the Raja; t h o ~ g h he was after-

    wards removed from the management of the Zemindary for embezzlement and fraud.

    The Respondent relied upon Ben. Reb. I., 1800, as decisive upon any quest4ion of joint

    property.

    The A p p e ~ ~ a n ~ , a minor, a p p e ~ r ~ d by his ~ a r d i ~ n , and by his answer denied

    the al legat~on~ of the Respondent, and stated that the Rajship of Pacheet was

    divided into two equal parts in the Bengal year 1155 ( 1 ~ ~ ~ 9 ~ , in the time of the

    former rulers, and they managed the affairs of their portions of the Zemindary for

    t~enty-two years. That Mohun L d died in the ~ e n g a l year 1176, and his brother,

    Kunchun Laf, got poss~sion of his share. That disputes about the Z e m ~ n d a ~ rose,

    and the son of Kunchun Lal, being dead, Kunchun La1 chose Sutroghun, the second

    son of Muni LaX, as his own son, and kept only the pergunna of Kasaepar out of his

    own share, and gave the rest of his share of the ~ e m i n ~ a ~ to ~ u n ~ La], [&8] and

    the Fer~unna of Kasaepar, with his ~ e r ~ n ~ l prop~rty, to Sutroghun, and gave him

    a deed for it. That Muni Lal, alias Raghonath ~ a r a y u n Deo, to confirm the right of

    Sutroghun~ gave him another deed for the proprietary right of the pergunna Kasae-

    par, of which he has continued to have pos8ession, and he denied the allegation of

    the ~ ~ a ~ n t i ~ , that Raghonat~ Narayun Deo, the father of his randf father, had

    resumed the pergunna of Xasaepar. Ee also, by his answer, asserted, thab Raja

    Gurrood ~ a r ~ y u n Deo, the grandfather of the ~espondent, never had possessio^ of

    the Z e ~ i n d a r ~ possessed by ~utroghun j but in considerat~on of ~ u t r o g ~ u n , s right,

    he gave him a document in the Bengal year 1204 (1797-8), under his own s ~ g n a t u r ~

    and the seal of the Kazi ; and according~y, ~utroghun, during his ~~fet ime, paid the

    revenue for the pergu~na of Kaaaepar, with that of the ~ e ~ i n d a r y , to the grand-

    father and father of the Plaintiff, and after their deaths to the P~aintiff himse1f.

    And he further denied the a~~ega t~on , that the Raja had not power to make a grant

    for any longer period than his own life, a s s e ~ t ~ n g that the grants made by the

    ~ncestoxs of tbe ~ ~ a i n t ~ f f in ormer times had been c o n ~ r ~ e d and continued after

    their death; and he insisted that, as seventy years had elapsed since the al~eged

    division of tile ~ e ~ ~ n d a ~ , and that as the pergunna had regularly descended to the

    Defendant's ancestors, as proprietors, without any claim, the Plaintiff's claim was

    barred.

    The ~ e ~ p o n d e n ~ , in his replication, insisted upon the a ~ ~ e g a t ~ o n c ntained in his

    plaint, that the ~emindary had never been divided, and that it had been the ancient

    family usetge of this Rajship, that the eldest son of the decewed Raja became the

    Raja. Re gave a long account of the disp~tes and contes~s which had taken

    place respecting tbe ~ e m i n d a ~ since the year 1754-5. Re further alleged, tha8 it

    was a mere f ab r~ca t io~ to state that a deed was given in 1773 by Xunchun La$, and

    contended that the deed dated the 7th of May, 1797, alleged to have been given by

    his g r a n d ~ a t h ~ r ? vas unwort~y of credit. Re a d ~ ~ t t ~ d that B deed, granting pcr-

    p n n a ~ a s a e p a r to the father of the Appe~ant, had been exxecuted by his grand-

    father, and he gave the f o l l ~ w i n ~ e x p l a n ~ t ~ o ~ of the fact. Be said that his grand-

    father had made the AppellanPs father manager of all the affairs of the Z e m ~ n d a r ~ ,

    but, in conseq7~ence of m~sconduct, he subsequent~y dismissed him and took the per-

    gunna under his own management; that many false suits were instituted against

    the Raja, and he was i ~ p r i ~ o n e d , and the whole Zemindary was in danger of being

    sold in parcels by the litigant parties. That the father of the ~ e f e ~ d a n t induced

    his grand~ather to make a grant of the per~unna of Kasaepar to him, to save the

    entire ~ e ~ i n d a ~ from ruin. Xe relied upon Ben. Beg. X., 1800, respecting in-

    d i v ~ s ~ b ~ e estates, in support of his claim to resume the perguiina.

    "he Appellant, having attained his majority, put in a rejoinder in person, and

    iaai&ed that, when d i s p u t ~ arose between Muni La1 and Mohun La], the Z e ~ ~ n d a r v

    was divided, and there was then no custom to prevent its division.

    The evidenee was con~ict~ng. On the part of the ~ e s p o ~ d e n t , evidence w a ~

    828

    It'. ~ A ~ A R A J A ~ H ~ l ~ A J G U R ~ O O ~ NARAYUN IDEO [ 18501 V IEOOBE INI). BPP,, 39

    given that acco~.d~ng to law and usage the Zem~ndary of Vacheet was descendible

    as an entire Raj, to a single heir ; that a grant by a Raja was not binding on his

    successor, but might be r ~ 8 u ~ e d ~ that on the death of Kunchun Lal, in 1781, Raja

    Raghonath Narayun, the great~randfather of the Respondent, entered into posses-

    sion 1901 of the pergunna in dispute, and that the deed of the 7th of Hay, 1?9r,

    dec~aring that Sutroghun was to hold for life only, was duly executed. On the part

    of the Appellant, evidence was adduced to show that the Zemiadary was a, divisible

    inheritance, and had been divided between Muni La1 and Mohun Lal; he put in

    evidence a deed, dated the 26th of July, 1776, from Raghonath Narayun Deo to Kun-

    chun Lal, granting Kunchun La1 the pergunna Kasaepar, and giving his second

    son, Sutroghun, for adoption, and e x a ~ ~ n e d witnesses to show that Sutroghun had

    succeeded to the pergunna in dispute, by ~nheritance.

    The suit was brought in the first instance before Mr. ~ a l p o ~ e , the second judge

    of the Provincial Court, but no decision was given by him, the- suit being referred

    to Bdr. James Curt~s, the fifth judge, He, on the 27th of ~ e b r u a ~ ~ 1829, delivered

    judgment, and decreed the Plaintift's claim to be dismissed, declaring that the per-

    gunna in dispute was the hereditary property of SutroghuR, and that the possess~on

    of the Defendant and his ancestors had been by proprietary right before the Conl-

    pany's ~vern!nent, and that the P 1 ~ i n t i ~ ' s claim to the hereditary property of the

    ~ e ~ e n d a n t could not be admitted or heard under any R ~ u l a t i o n ; that his claim

    was unfounded and improper, and, therefore, ordered that the case be dis~~issed

    with costs, and the ~e fendan t o be in possession of the pergunna.

    The Respondent appealed from this decision to the- Sudder Dewanny Adawlut,

    at Bengal, and filed, on the 7th of February, 1833, his reasons of appeal against

    the Provincial Court's decree, c ~ n ~ n d i n g , that it was contrary to evidence and the

    f a ~ ~ l y usage; he also filed further docuraentary evidence to prove such usage. The

    appeal came on for hearing before Bdr. [911 E. ET. ~ a ~ t r a y ~ one of the Judges of the

    Sudder Dewanny Court, who, on the 26th of March, 1833, ~ronounced the decree of

    the Court, which c~ncurred with the opinion of the ~ r o v ~ n c i a l Judge, and ordered

    that the claim and appeal of the Appellant should be dismissed, and the decision of

    the Calcutta Provincial Court affirmed, with costs.

    The Respondent presented a petit~on to the Sudder Court, ~ r a y ~ n g for a review

    of judgment, submitting that the decree was contrary to the provisions Qf the Ben.

    Reg. X. of 1800 (a), and the law and the usage of the family.

    the Governor-General of India on the subject of the Sudder Court's decree, a l l @ ~ ~ n g ~

    that such decree was opposed to the established usage of the country irl which the per-

    gunna was situate.

    [QZ] An official inquiry was made in the Government offices, to ascertain what

    records were in existence concern in^ the ~ r ~ e d ~ n g s of 1711, w~ereby the

    hereditary right of Muni Lal to the Zemindary, a8 an ind i~ i s~b le Raj, had been in-

    (a) flegulation X. of 1800 recognises the custom of indivisible estates of inherit-

    ance in the Jungle mahals.

    Section 1. enacts, that " By ~ e g u ~ a t i o n XI. of 1793, the estates of proprietors of

    land dying intestate, are declared liable to'be divided among the heirs of the

    d~eased , agreeab~y to the Hindoo or M a ~ o ~ e d a n laws. A custom, however, having

    been found to prevail in the jungle raahafs of ~ i d n ~ p o r e and other distrieta, by

    which the success~on to land^ estates ~nvar jab~y devolves to a single heir, without

    the division of the property, and this custom having been long e s t a ~ ~ ~ s h e d , arid

    being fou~ded in certain circu~stances of local GoRvenience, wXiich still exist, the

    Governor-General in Council has enacted the following rule, to be in force in the

    provinces of Bengal, Behar, and Orissa, from the date of its promulgatiorr.

    '' Sect. IT. Regu~ation XI. 1793, shall not be considered to su~ersede or afFect any

    e s t a b ~ i s h ~ usage which may have obtained in the jungle mrthals of ~ i d ~ i a p ~ r e

    other districts, by which the succe~sion to landed estates, the ~ r o ~ r i e t o r f which

    may die intestate, has hitherto been considered to devolve to a single heir, to the

    exclusion of the other heirs of the deceased. In the rnahals in ques~~on, the local

    custom of the country shall be continued in full force as heretofore, and the h u r t 8

    of Justice be guided by it in the decision of all elaims which may come before &eo),

    to the ~RheritaI~ce of landed property si~uated in those mahals.''

    8.39

    -II_ - ~ - . ~ I____- I_-- _ _ _ _ l ~ - - - ~ - l _ _

    vestigated. The consequence, of these inquiries was, that add~tional documents,

    relative to the proceedings of lT71, were produced, showing the investigation which

    had then taken place, and the decision which had been then come to in favour of the

    rights of Muni La1 ; some addit~onal precedents of decisions support~ng the Respond-

    entls claim to succeed to the entire Raj were also produced.

    By an order of the Sudder Court, bearing date the 25th of May, 1837, it was

    ordered, that a review of the case should be admitted, and the case restored to its

    former number.

    The review being admitted, the appeal, with the further evidence, came on

    again before Mr. R. H. Rattray, and that Judge was of opinion that his former

    decision ought to be reversed. In giving judgment, on the 21st of August, 1838, he

    said, “ As it appears by the letter of Mr. Alexander Higginsan, supervisor of the

    districts of B~rbhoom, and others, to the Council of ~oorshedabad, dated the 21st of

    January, 1771, and especially by the opinion of the deputy m ~ n ~ s t e r of the Nazim

    of ~oo~,shedabad, regarding the Zemindary of the chukla of Pacheet, and by the

    letter of the Council of Moorshedabad, which was sent with the order of the deputy

    minister, that Muni La1 had absolute possession of the Zemindary of Ghukla Pacheet,

    and that a maintenance was allowed to Kunchun Lal, as being a descendar~t of the

    younger brother, and that the expenses allowed to Kunchun La1 for his possession

    and ~nanagement of the chukla of Pacheet was discontinued? which removes the

    plea 1931 of the Defendant that the Zemindary was divided between Muni La1 and

    Mohun La1 in tbe Bengal year 1158, and that after the death of Mohun La1 the half

    of the Zemindary went to Kunchun Lal, and that Sutroghun got a gift of the per-

    gunna from Kunchun Lal, and afterwards from Bhurut Sikhur, alias Raja Gur-

    rood Narayun, in the Bengal year 1204, and the Defendant has no further right to

    the p c r ~ u n i ~ a by inheritance or by gift ; for i f the father of the Defendant had really

    possess~o~ of the property in dispute by right of inherit~nce, there was no need of

    taking a gift of it, and i f the Raj and Zem~ndary had been divided between Huni

    Lal and Mohun Lal, a separate contract would certainly haye been made by the

    Nwim of the province or the Company’s Government with each of them, which

    was not done.” E e then proceeded, ‘‘ The Defendant pleads the limitation of time,

    which deserves no attention, as it is not applicable to this case, for it appears by

    the papers of the case that the property in dispute was given for the main~nance,

    and by the family usage the new Raja has the power of continuing or reguming it,

    and if any Raja had not resumed it, ho had the power of cont i~uing it by the family

    usage; and the limitation of time cannot be appIied to the proprietary right of the

    ~ e f e i i d ~ n t , and this sui t was instituted within a short time after the death of

    dutroghun ” : arid he directed that the papers in the suit should be laid before another

    Judge.

    The case accordingly came before Mr. Abercrornbie Dick, another of the Judges

    of the Sudder Court, who differed from Mr. Rattray, and was of opinion that the

    decision of the Provinc~al Court of ~a lcu t ta , and the former decision of the Sudder

    Court was proper, and should be a ~ ~ * m ~ . Be gave his ~udgment on the [94] 2nd of

    December, 1839, as follows :-‘‘ It clearly appears by the English papers received,

    that Muni Lal, dim Raja Raghonath Narayun, got orders for the entire Zemindary

    from Government and the Nawab, and for a monthly allowance to be made to

    Kunchun La1 ; but although every search has been made, no such document has been

    found to show that Raja Raghonath Narayun obtained posseasion of the entire

    ~ e ~ i n d a r y , or that Kunchun La1 received his allowance. On the contrary, it is

    quite clear by the documents produced by the Defe~dant, that after getting the

    order, Ra~honath Narayun agreed to leave to Kunchun LaI the pergunna of Kasaepar,

    and Kunchun La1 to give up the rest of his Zemindary to Muni Lal, which was done.

    It is , therefore, my opinion that this claim of the Plaintiff i s not connected with

    family usage, and the Plaintiff is not competent to annul an adjustment made

    between those two which has continued so long a time merely upon family usage,

    which has nothing to do with this case, and I, therefore, think that the claim of the

    Plaintiff should not be admitted, and that the decision of the Provincial Court and

    former decision of this Court, should be aErmed.”

    The Court being thus divided in opinion, it became necessary to resort to s third

    830

    'U. ~ A ~ ~ J A ~ ~ E ~ A J ~ u ~ R ~ ~ ~ ~ A R A Y U ~ IDEO fl850l v XOORE xm. UP., WI

    Judge, and the case came before &Er. Lee ~ ~ a r n e r , who, on the 24th of February, 1840,

    prdnounced the final decree in the cause, by which, concurring with Mr. Battray, he

    decreed the appeal and reversed the previous decisions of the Provincial and Sudder

    Courts. The principal part of his judgment was in these terms:---"It i s mg

    opinion, that the claim of the Plaintiff, for the r e a m s hereinafter given, is in every

    respeck correct, for one of the reasons of Mr. Jamw Curtis, Judge of [953 the Pro-

    vincial Court, stated in his decision of the 27th of February, 1829, is, that in the

    year 1155, the Zemindary of Pacheet was divided between Muni La1 and Mohun

    La1 by Mookund Deo, the Zemindar of Ramgur, in half-shares, by which the family

    usage that the Zemindary is not divided has not been proved ; but when the Com-

    pany's Government was established, it appears that, on the 4th of May, 1711, Raja

    Raghonath Narayun was put in full possession of his Raj by the order of the then

    ~overnment, and of the Z e ~ ~ n d a r y ; and before that he had an order of the Nawab

    and the usual investiture, and the petition wh'ich the agent of Kunchun La1

    presented, that the iialf of the Zemindary was his right, and that Muni La1 R a ~ l i ~ n a t ~ ~

    ~ a r a y u n Deo had forcibly taken it, was rejected; and he was informed that i f he

    would go to Pacheet he would get a proper allowance, as he was a descendant of a

    younger brother of the family, by which the division of the Zemindary between

    Muni La1 and Mohun La1 was annulled, and the entire Z e ~ n ~ n d a r ~ was restored to

    the Raja. The ground of the Judge of the Provincial Court on this point, is defective

    and unava~ling. ~ e ~ a r d i n g the second ground, on the l ~ ~ ~ i t a t ~ o n of time, that after

    such long possession the case cannot be admitted by the Court, under Reg. 1x1. of

    1793, and sec. iii. Reg. 11. of 1805, as stated in his decision, it is necessary to

    consider the claim in this case, whether, by the order of the 9th of December, 1818, it

    i s really the time of dispossession o r not ; but as the suit originated in the order of

    the Collector to appoint a guardian and to institute the suit, and there was no

    dispute before that for the talook in dispute, which was given for ~ ~ i n t ~ n a n c e , and

    the former Rajas had the power of confirming or resuming it by 1963 the family

    usage, the time should be reckoned from the date of the ColIector's order which gave

    rise to the claim, and it is clear that the suit of the P l a ~ n t ~ ~ , ~ppel lan t , has therefore

    been instituted within the prescribed time; moreover, the possession of the Respon-

    dent and his ancestor was only for m~in ten~nce , and not'for money or any other con-

    sideration to give a proprietary pusseasion : it is, therefore, necessary to ascertain

    a-hethar this pergunna was given for maintenance or acquired by irrhcritance

    without the consent or con~rma t~on of the Rajas. It certainly appears by the

    English letter and inquiries of 1771, and of the agent of the Governor-General a t

    Hazaribaugh, which were made by order of the Government, into the usages of this

    family, that the eldest son becomes the Raja, and gets full possession of the entire

    Zemindary, and the other sons and heirs have a ~ a i n t e n a n c ~ There is, therefore,

    no doubt that the pergunna in dispute is included in the Zemindary, and the De-

    fendant can have no h e r ~ i t a r y right, although before the Compan~s ~overnment

    there mere frequent transfers and contentions. It is not necwsary to inquire into

    them; the order of the 4th of May, 1?"i'l, is suBcient and conclusive for the trial of

    this case."

    From this final decree, the present appeal was brought, and now came on tor

    hearing.

    Mr, Turner, Q.C., Mr. Forsytfi, and Mr. Maule, for the ~ppel lant , contended, that

    the hereditary right of the Appellant to the pergunna through Kunchun La1 was

    proved, denying thae it was the custom or usage of the family that a single heir

    should succeed to the entire Zemindary, or that the Zemindary was inalienable, and

    sub-[97]-mitted, that such custom, if it formerly existed, had been infringed by the

    division of the Zemindary between Muni La1 and Mohun Lal. That the grant of the

    p e r ~ u ~ ~ n a to Kuncfiun Lal, and confirmed to Sutroghun, was in fee, and did not

    terminate with the life of the grantor, m d was not, liable to resumption or annexa-

    tion to the ~ e m i n d a ~ by the ~ e s p o n d e ~ e as the r e ~ g n i n ~ Raja; though if such grant

    was for ~ a i n t ~ n a n c e only, it might have been resumable. !&at as the AppclIant and

    his ancestors had been so long in posseasion, the o.nw was upon the Respon-

    dent, to prove t h e c ~ ~ s t ~ m o resume.

    Mr. Wigram, Q.C., Mr. Lloyd, Q.C., and Mr. Edmund F. Moore, for the Respon-

    dent, submitted, First, that the pergunna in question formed part of Pacheet, which

    831

    V MOOBE iNQ. APP,, 98 ANUND LAL SING; DE0

    was a Rsj and indivis~ble, descend~ng entire to a single heir to the exclusiof of the

    rmt of the family, and that, according to the entailed character of the R ~ J S like 8

    Scotch entail, was not barrable. Second, that the only title of the Appe~lantJ~ father

    u3 the pe rgun~a was under a deed of gift and pro~ision for life, which did not enure

    beyond the lifetime of the grantor. Third, that, according to the law and usage of

    the family, i t was not competent for any former Raj to bind his s u c c ~ ~ r s tyS a

    permanent grant of property belonging to the Raj, and even i f such grant had been

    in fee, being made by a former Raja, it was not binding on the Respondent, and was

    resumable by him. Fourth, that, according to the provisions contained in the d t d

    of the 7th of May, Z 791, the pergunna reverted, on the death of the Appel~ant’s father,

    to the Raj.

    @a] The a u t ~ ~ o r i t i e ~ referred to upon the ~uest ion of Pacheet being a Raj and

    ina~i~nable, were Ben. Regs. XI. of 1793 and X. of 1800; X W. Macnagh~nJs

    Principles of Hindoo Law, 7; 1 Strange% Hindoo Law, 198, 208 (2 Edit,); and

    Rnja Deedar se^ v. Ealzee ~ ~ ~ ~ 5 o r - ~ ~ ~ - ~ ~ ~ a (2 Moore’s fnd. App. Gases, 441).

    Judgment was delivered by

    Lord Langdale (Feb. 22, 185O).--In this case, an action was b roug~ t in the Pro-

    vincial Court, of Calcutta by the Respondeat, Maharaja; Dheraj Gurrood Narayuu.

    Deo, against the Appellant, Anund Id, to reoover from, him the possession of the

    pergunna of Kasaepar, part of the Zernindary of Pacheet, situate in the Jungle

    inahals in the Presidency of Bengal.

    By the decree of Nr. James Curtis, made in the Provincial Court, on the 27th of

    February, X829. i t was ordered, that the case should be d i s ~ i s ~ ~ , that the De-

    fendant (the Appellant, Anund. Lal) should be in possession of the pergunna in

    dispute, and that all the costs of the Court should be charged to the PlaintiB. From

    this decree the R e s ~ o n d ~ n t presented an appeal to the Sudder Dewanny Court a t

    Calcutta, and on the hearing by Mr. Rattray, on the 26th of March, 1833, it was

    adjudged, that the decision of the ~ r o v i n c i ~ l Court was in every respect just and

    proper. The exceptions of the Plaintiff (the now Respondent) were held to be vain,

    his claim and appeal were dismissed, and the decision of the Provincial Court was

    a ~ r ~ ~ e d . After this the Respondent presented a petition for review of judgment,

    and the petition liaviiig been granted, the cause was again heard by Mr. Rattray, on

    the 2Xst of August, 1838 ; the ~~[99]-spondent hen produced several additional

    documents, and i t was held by Mr. Rattray, that the documents. produced by the

    Plaintiff proved his claim, and thereupon Mr. Rattrap decreed that his former

    decision should be reversed; but the concurrence of another Judge being necessary,

    under the c~rcumstances, he ordered the papers to be laid before another Judge, to

    pass a final ordex. . Abercromhia Dick,

    ariother Judge of the Sudder Dewanny Court, a t Calcutta, and on the 2nd of

    December, 1839, he he14 that the claim of the Plaintiff ought not to be admitted, and

    that the decision of the Provincial Court, and the first decision of Mr. Rattray,

    should be afiirmed. In conse~uence of this difference of opinion, it was ordered, that

    the papers shouid be Iaid before another Judge to pass a final order. Under theise

    circumstances the case was again heard before &. Edward Lee Warner, who con-

    curred with Nr. Rattray in the opinion recorded by him on the 21st of August, 1538,

    and differed from. Mr. Dick in his opinion recorded on the I Ith of September, 1839,

    and finally ordered, that the claim and appeal of the Plaintiff should be, decreed,

    that the former decree of the Sudder Dewanny Court, dated 26th of March, 1833,

    which affirmed the decision of the Calcutta Provincial Court, should he reversed, and

    that the Plaintiff should be put into possessi.on of the property in dispute, and the

    costs of the Court. It is from this decree that the present appeal to Her Majesty in

    Council is presented by Anund Lal, the Defendant in the cause belov, and now the

    Appellant.

    It appears that the family of Narayun Deo had in some way had p o ~ s ~ s i o n f the

    Sajship and Zemindary of Pacheet for several generations, and that for several

    [lOO] years before the year 1769, the p o s ~ ~ i o n had been the subjgct of great and

    .i.ioIeut contention, amounting to actual war between the different members of the

    family. He had two uncles,

    Xohun La1 and Kunchun J d . Mohun L d had possession of and claimed to be

    The case was afterwards brought before

    Muni La1 was the eldest son of the eldest branch.

    832

    27. ~ A ~ A R A J A ~~~~J G U R R ~ O ~ ~ A ~ A Y ~ ~ DEO [I8501 v ~~~~~ IND. APP., 101

    entitled to part of the Zemindary, or the part of the lands comprised in the

    ~emindary. Upon his death, in 1769, his brother, ~ u n c h u n La$, beeame possessed

    of such part of the Zemindary or land as had been possessed by ~ o ~ i u n Lal, and in

    1770, Muni Lal, as Zemindar, complained to the Council of Rexrenue of Moorsliedabad,

    that he had been forcibly d i s p o ~ ~ s ~ of h i s Zern~nda~,y; that, after e~pelling one

    member of h i s family, he had got possession of part of the R a j and Zernindary, but

    that ~ o h u n La1 had also a part, and sfter his death, Kunchun La1 had been in

    p~ssess~on of some pergunnas of the Ze~ inda ry , and intended taking more. Ee

    stated, that by the ancient custom of the family for many generations, after the

    death of the Raja, the eldest son succeeded him, and the other sons had a maintenance

    for life, and that the Zemindary was never divided. Ee therefore prayed that the

    family usage of the ~eminda ry might be inquired into, and that he might be ordered

    to be put into possess~on of the whole Z e ~ ~ ~ ~ d a r ~ .

    In consequence of this comp~aint and request, an inquiry was ~ns t i t u~ed and a

    report made, and in the result, and on the 7th of March, 1771, the Council of Bevenue

    c ~ ~ ~ c l u d e d , or came to the ~etermination, that the succession to the whole ~ e n ~ ~ n d a i ~ ~

    devolved by inheritance to the Baja Muni Lal, and that Kunchun Lal {his uncle)

    ought to have a reasonab~e and e ~ u ~ t a b ~ e a~~owance for his ~ubsistence, which, in

    right tJ&I] of his being descended from a junior branch of the family, was secured

    to him by a clause in the sunud.

    The Naib Dewan’s pe rwa~na af investi~ure wm o b t ~ i n ~ and sent to NI+.

    ~ i g ~ i n s o n , the supervisor of Pacheet, who was desired to instal Xuni La1 in the

    Zemindary, and in May, 1771, Mr, Wigginson installed him in the whole Zemindary,

    and delivered to him the Nawab’s perwanna, and the customary khilate on the

    occasion. Kunchun Lal, on hearing that he was deprived of his share of the- Zemin-

    dary which he had poss~sed (which. Mr. ~ i g g i ~ s o n calls the half of the Z e ~ ~ n d a r y } ,

    retired to Ranigur, and was invited to return, with a promise of p ~ o t ~ t i a n d the

    enjoyment of a monthly allowance for himself; with this he does not appear to have

    been at first co~itented, for, on the 15th of June, 1772, he comp~ained, by his vakesl,

    that he had been supplanted in his division of the ~ e n i i n d a r ~ , and he prayed that he

    might be restored to his Zemindary; he was answer^^ that if he vould return to

    ~ a c l ~ e e t , an equitable and reasonable allowance would ba granted t@ him for his

    subsistence, as was due to him by a clause in tlie sunud.

    Soon after this ~ h a d u r Sing, the only son of Kunehun Lal, died, and in Au~ust ,

    3773, ~ u n c h u n Laf adopted as his son, S u t r o g ~ ~ u ~ i (the second soli of the Raja Xuni

    Lal), and con~n~~t t ed o him what i s called the whole property, during the life and

    after the death of Kunchun Lal.

    No contemporaneous instrument, executed by Muni Lal, is produced ; but the

    psrgunna of Kasaepar being within or part of the Zernindary of Pacheet, some

    ai.rangement was entered into between Muni La1 and Kunchun Lal, and a deed i s

    produced, dated the 26th of July, 1775, by which Muni La1 is a l l ~ ~ e d to have agreed

    a6 follows :-“ As my uncle, Kunchun Lal, has [102] reIinquished his half of the Raj,

    and come to terms with me, f have given the p~rgunna of Kasaepar to him, and as he

    has no son, he has asked me to give him ~ u d h u n La1 (another name for ~utroghun),

    whom he would adopt, and keep as his son; I have, therefore, according to the

    request of my uncle, given him Mudhun Lal, in the presence of [the persons named in

    the deed], in whose presence he has given the entire perguniia and all his property

    to Mudhun Lal, and also have given the pergunna and entire p r o p e ~ y of my uncle to

    ~ u d l ~ u n LaL”

    The question in this cause d e p ~ ~ s entirely on the title- which ~ u n c h u n Lal had

    or obtained to tbe pergunna of Kasaepar.

    The Appellant alleges, that the Raja had a right to alienate any part of the

    ~einindary; and that Kunchun Laf. even if he had no previous right to Kasaepar,

    a c ~ ~ u ~ r e d a right to it by the deed of the 26th of July, 1715, and that the c ~ r c u m ~ a n c e ~

    under which ~ u n c h u n La1 had possessed a portion of the Zemindary were snch. that

    the re~inquishnient of his claim t o i t was a suBcient cons~deration, if any considera-

    tion vere required, for the grant t o him of the p e r ~ u n ~ a of ~ a s a e p a r .

    The Respondent, on the other hand, contends, that the Zemindary was ~ n d i ~ , i s ~ b ~ e

    or j n ~ ~ ~ e n a b l e , and consequently, that. Muni La1 was incapable, for any consideration,

    to transfer any portion of it to ~ u n c h u n Lal, so as to bind his s~ccesso~ in the

    P.C. vrr. 833 27

    % e ~ i n d a r y ; he further insists, that Muni La1 did not attempt to make an abso~u~e

    gift of Kasaepar to Kunchun La& but gave i t to him only for the main~enance, or

    part of the mainter~arIce, to which he was entitled from the-Raja, and that the gift

    (being onIy for maintenance~ could have no binding eBwt against the successor of

    the Raja,

    &@3] The ~ p p e l ~ a n t a d ~ i ~ that a grant for maintenance ceases with life of the

    grantor? imd he r e h on the power of the Raja to a~iena te~ and the actual a~~enat ion

    which he says was made, and, under these circumstances, the title of the ~ ~ ~ a ~ n t ~ ~

    fails in either case; first, i f the Baja ww i i ~ c ~ ~ a b ~ e of alienating any part of the

    ~ e ~ i n d a r y , or secondly, if the grant of ~ a s a e p a r was for maintenance; and as it

    appears to us, that the i n a ~ i e ~ a b i l ~ t y of the Z e m ~ n d a r ~ has not been s u ~ c ~ e ~ t l y

    estabI~s~ied, i t i s n ~ e s s a r y for us to consider, heth her or not the grant of Muni La1

    of Kasaepar to Kunchun La1 was for maintenance? If it was, the Appei~ant has no

    title to it.

    We consider, that by the p r ~ e ~ ~ n ~ s in 177@ and 1771, from which Kunchun La1

    in vain atten~pted to obtain relief in 1'772, it was clearly e ~ a b l i ~ e d that Muni La1

    was entitled by inheritance to the whob ~ e ~ i n d a r y , and that his uncle, ~ u n c h u ~

    Lal, was entitled to an ~ u ~ t a b ~ ~ and K asonable a~lowance~ to be granted to him for

    his subsistence. It was in this state of their respective rightsy that the ~ r a n s a c t ~ Q ~

    of 1773, or of 1773 and 17?Ei, took place. It may be questionable whether the deed

    of the 26th of July, 1775, is genuine; but suppos~ng it to be 80, Muni La1 thereby

    gave the ~ r g u n n a of ~ ~ a a e p a K to ~ u n c h u n Lal, witbout g any mention OC

    ma~~~tenance? and the circumstances of the case were suc there might have

    been an i n t e ~ t ~ o n to give more than n~aintenance, and that for valuable considera-

    tion, ~everthe~ess , there is nothing in the deed to prove that in this gift of the

    pe r~unna of Hasaepar, more than a provision for i ~ a i ~ ~ n a n c e was ~~ktended, and

    docurucnts of a s ~ b s ~ u e n t da e ~ p p e a r to UB to show sat~s~actorily that no more was

    intended.

    ~ u n c h u n La1 died about 178Xy and was succeed^ [1@Q by his adopted son,

    s u t ~ o g ~ ~ u n , the second son of Muni Lal. Muni La1 died in 1192, and w?s succeeded

    in the % e ~ n i n d ~ r y by his eldest gon, Bhurut Sikhur, If the grant sf Kasaepar to

    ~ u ~ ~ c h u ~ ~ La1 had been a valid permanent grant, Sutroghun was entitled to it with-

    out any regrant or coiifirmation by Bhurut Sikhur ; but on the ?th of Nay, 1797,

    8s he sayys, without having seen the former deed, ~ h u r u t Sikhur ~ x ~ ~ t e d a new deed,

    a u t h o r ~ ~ ~ n ~ S u t r o ~ ~ u ~ tio possess ~ a s a % ~ ~ r , ~ c c o r d ~ n g to the former deeds. This

    deed is quite consi8tent with the ~ u ~ ~ o s i t ~ o ~ tha &e fermer deed was a grant fo r

    i ~ ~ a ~ n t e n a ~ ~ e , but ~nconsist~nt with the s u ~ ~ o s i t ~ o n that the former doed was absolute.

    We do not think that the least credit i s due to the deed of contemp~raneous date

    slleged to have been executed by Sutroghun to ~ h u r u t Sikhur.

    It appears by the report of Mr. Vander Bayden (in JaxiuaKy, I?%), that the

    country was in a very unsettled state, that Bhurut Sikhur was in very great

    pecuniary d i ~ c ~ i l ~ ~ e s j and p r o ~ e e d i ~ i ~ were adopted to set aside sales which were

    supposed to have been i m p r o p e ~ l ~ o b ~ ~ i n e ~ from him. And some d~sputes were

    subsisting between Sut roghu~ and Bhurut Fikhur, respecting the payme~t of so

    much of the revenue of the Zemindary as was due from Sutroghun, in respect of

    K a s a e ~ ~ ~ , part of the land within the Z e ~ i n d a r ~ , to Bhurut ~ i k h u r , by whom the

    revenue of the whole ~ e m i n d a ~ was p a y a ~ ~ e to ~ o v e r ~ m e n t , and also in reqect of a

    money al~owance for majntenance, which ~ut roghun c l a ~ m ~ to be due to him from

    ~ h u r u ~ Sikhur.

    On the 15th of A u ~ u s ~ ~ 1803, S u ~ r o ~ I ~ u n presented a ~ t i t i o ~ to the ~ o v e r n ~ ~ ,

    in which he c o ~ ~ ~ p ~ a ~ n e d of ~ ~ u r u t Sikhur ; that he had s t~pped an allowa~ce in

    cash made to him. by deed; besides wh~eh, he, Sutroghun, had the pe r~unna of

    Kasa~par, for his m a i n t e - ~ l ~ l ~ n a n c e ; and that Bhurut Sikhur had made a grant

    of that pe r~unna given for his inaintenance to the son of his eldest son. He alleged

    fur the^, that he wag enjoying Kasaapar a8 a ~ a ~ n t e n a n c e from his father end h is

    uncles (Muni La1 and Kunchun La]), and that the Raia, his brother ~ ~ ~ ~ ~ r ~ ~ t ~ i k ~ ~ u r ,

    when he succeeded to the Raj, gave him a deed, under his seal and s~gnature, con-

    ~ r ~ i ~ g the former deed, and had it registered ; yet he was prepared to take the law

    hands and eject the petitioner from the pergunna. Upon this petition

    ur was ordered to report in twelve days ; what was done upon it does not

    834

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    Comments

    Anund Lal Sing Deo v. Maharaja Dheraj Gurrood Narayun Deo, Bahadur (India)
    (Feb 13, 1850)