VENKATARAMIAH, J. - (1.) THE above six appeals by certificate and Civil Appeals Nos. 494 -496 of 1975, arise out of a common judgment dated 15/12/1972, of the High Court of Judicature at Patna passed in First Appeals Nos. 85 to 87, 130, 131 and 134 of 1966. After the above six appeals and Civil Appeals Nos. 494 -496 of 1975 were heard together for sometime, we found that the above six appeals i.e. Civil Apps. Nos. 114 -119 of 1976 could be disposed of by a separate judgment. We, therefore, proceeded with the consent of the learned counsel for the parties to hear fully Civil Appeals Nos. 114 -119 of 1976. By this common judgment, we propose to dispose of the above six appeals. THE further hearing of Civil Appeals Nos. 494 -496 of 1975, is deferred.
(2.) THE question which arises for our consideration in the above Civil Appeals Nos. 114 -119 of 1976, is whether the appellants and others either claiming under the appellants or along with them are entitled to an estate popularly known as 'Bettiah Raj' which was under the management of the Court of Wards, Bihar. THE last male holder of the said estate, Maharaja Harendra Kishore Singh Bahadur died issueless on March 26, 1893, leaving behind him two widows, Maharani Sheo Ratna Kuer and Maharani Janki Kuer. Maharani Sheo Ratna Kuer who succeeded to the estate of Maharaja Harendra Kishore Singh on his death as his senior widow died on March 24, 1896 and on her death Maharani Janki Kuer became entitled to the possession of the estate. Since it was found that Maharani Janki Kuer was not able to administer the estate, its management was taken over by the Court of Wards, Bihar in the year 1897. Maharani Janki Kuer who was a limited holder of the estate died on 27/11/1954. On her death, disputes arose amongst several persons who were parties to the suits out of which the above appeals arise regarding the title to the 'Bettiah Raj' estate. THE State of Bihar, however, claimed that none of the claimants was the heir of the last male holder and that since there was no heir at law as such at the time when the limited estate of Maharani Janki Kuer came to an end on her death, the entire estate along with the net income which the Court of Wards had realized from it became the property of the State of Bihar by virtue of the rule of escheat. We shall refer to the respective submissions of the parties at a later stage. It is not disputed that Raja Ugra Sen, the founder of the "Bettiah Raj" was governed by the Banaras School of Mitakshara law as his family had migrated from the South Western Part of the present State of Uttar Pradesh to the State of Bihar although in the course of the pleadings, there is a suggestion that the family was also being governed by the Mithila School of Mitakshara which was in force in the State of Bihar. The question for decision in the instant case may no doubt ultimately appear to be a simple one but in order to determine the said question, it is necessary to relate the facts which spread over nearly three centuries and refer to a number of Smritis, commentaries and decisions.
(3.) THE major part of the estate of 'Bettiah Raj' is situated in Champaran District of the State of Bihar. Some of its properties are situated in the State of Uttar Pradesh also. THE principality known as 'Bettiah Raj' was established by Raja Ugrasen in or about the middle of the 17th century, It was then known as Reasut of Sirkar Champarun consisting of four pergunnahs known as Majhwa, Simrown, Babra and Maihsi. It was an impartible estate, Raja Ugrasen was succeeded by his son, Raja Guz Singh in the year 1659. Raja Dalip Singh, son of Raja Guz Singh came to the gaddi in the year 1694 and he was succeeded by his son, Raja Dhrub Singh in the year 1715. Raja Dhrub Singh died in 1762 without a male issue but leaving a daughter by name Bonga Babui, who had married one Roghunath Singh, a Bhumihar Brahmin of Gautam gotra. It is said that he had another daughter also, but it is not necessary to investigate into that fact in these cases. On the death of Raja Dhrub Singh who was a jethoria Brahmin of the Kashyap gotra, his daughter's son (Bonga Babui's son), Raja Jugal Kishore Singh entered into possession of the estate of 'Bettiah Raj' and was in possession thereof at the date when the East India Company assumed the Government of the province. On the assumption of the Government of Bengal by the East India Company, Raja Jugal Kishore Singh offered some resistance to their authority and the Company's troops were despatched to enforce his submission. Raja Jugal Kishore Singh fled into the neighbouring State of Bundelkhand and his estates were seized and placed under the management of the Company's officers. During the absence of Raja Jugal Kishore Singh, Sri Kishen Singh and Abdhoot Singh who were respectively sons of Prithi Singh and Satrajit Singh, younger brothers of Raja Dalip Singh, found favour with the East India Company. After some negotiations, the Government decided to allot the zemindari of Majhwa and Simrown Pargunnahs which formed part of 'Bettiah Raj' estate to Raja Jugal Kishore Singh and to leave Babra and Maihsi in possession of Srikishen and Abdhut Singh. On his return, Raja Jugal Kishore Singh accepted the decision of the East India Company which was formally announced on July 24, 1771 in the following terms : - "THE Committee of Revenue having approved of the reinstatement of Raja Jugal Kishore, we have now granted to him the zemindari of Majhwa and Simrown pergunnahs, and have settled his revenue as follows ... " Accordingly, Raja Jugal Kishore singh executed a kabulyat in accordance with the terms imposed by the Government under the grant and got into possession of pergunnahs Majhwa and Simrown. He was again dispossessed in the following year as he failed to pay the Government revenue. Srikishen and Abdhut refused to execute a kabulyat for the two other pergunnahs alone and they were also dispossessed. The entire Sirkar thus passed into the possession of the Government and was held by farmers of revenue on temporary settlements until the year 1791. Raja Jugal Kishore Singh received an allowance for maintenance from the Government and died in or about the year 1783 leaving, a son, Bir Kishore Singh. Thereafter on October 10, 1789, Mr. Montgomerie, the then Collector, initiated fresh proceedings regarding the settlement of Sirkar Champarun, the estate in question, and on September 22, 1790, the Governor -General -in -Council (Lord Cornwallis) addressed the following letter to the Board of Revenue : - "It appearing from our proceedings that the late Raja Jugal Kishore was driven out of the country for acts of rebellion, and upon his being allowed to return into the company's dominions, that the late President and Council thought proper to divide the zemindari of Champarun, allotting to Jugal Kishore the districts of Majhwa and Simrown, and to Srikishan Singh and Abdhut Singh those of Maihsi and Babra, we direct that the heirs of the late Raja Jugal Kishore and Srikishen Singh and Abdhut Singh be respectively restored to the possession and management of the above districts (with the exception of such parts thereof as may belong to other zemindars or taluqdars, being the proprietors of the soil, who are to pay their revenues immediately to the Collector of the district), and that the decennial settlement be concluded with them agreeably to the General Regulations". ;