(1.) The main question for determination on this appeal is whether, on the death of Raja Kaushal Kishor Prasad Mal, which occurred on 7 January 1911, Indarjit Mal was entitled to succeed to the impartible Raj of Majhauli. On the death of Raja, mutation of names had by order dated 12 May 1911 been effected in favour of his senior widow without objection or opposition from Indarjit Mal, and the appellant was appointed by the Court of Wards to be Manager of the Majhauli estate. The respondents are a syndicate now formed to exploit the title of Indarjit Mal. He died on 13 August 1921, and they, on 30 October 1922, purchased from his son, Balbhadra Narain Mal, certain of the properties belonging to the Majhauli estate. The consideration was Rs. 24,000. The title of the vendor was clearly a doubtful one and the price had no relation to the value of the properties purchased. It was a sum suitable for the finance of the contemplated litigation, or for a sabstantial part of it.
(2.) On 5 January 1923 two suits were as a result filed in the Court of the Subordinate Judge of Gorakhpur against the present appellant, the plaintiff in the first suit being added as a co-defendant to the second suit. The suits came to be known as the "Majhauli Raj cases." The first was brought by Balbhadra Narain Mal, claiming the Raj. That suit, after being consolidated with the other, has been compromised and need not be further referred to. The second suit, out of which the present appeal arises, was filed at the instance of the members of the syndicate, to recover possession of the properties conveyed by the sale-deed in their favour. This was only two days before the expiry of the period of limitation. After subsequent transfer to the Court of the District Judge of Gorakhpur, the suit was by decree dated 8 June 1926 dismissed with costs. On appeal by the plaintiffs to the High Court of Judicature at Allahabad that decree was on 25 February 1930 reversed and the suit allowed. From this decree of the High Court the defendant has now appealed to His Majesty in Council.
(3.) According to the pedigree produced in the suit the common ancestor of the deceased Raja (whose widow is represented by the appellant) and Balbhadra Narain Mal, from whom the respondents derive their title, was a certain Raja Bodh Mal. According to the same pedigree the deceased Raja, on whose death the senior line became extinct, was the seventh generation in descent from his ancestor Lakshmi Mal, a descendant of Bodh Mal, and Balbhadra Narain Mal, the eighth in descent from Ananda Mal, the younger brother of Lakshmi Mal.
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