FAZAL ALI - (1.) THESE appeals are directed against a judgment of the Special Bench of The Patna High Court by which the High Court decreed title suit No, 5/61 after reversing the judgment of the trial Court. It appears that after the death of Maharaja Harendra Kishore Singh (hereinafter referred to as the 'Maharaja') who died issueless on the 26th of March 1893, a serious dispute arose about the Impartible estate left by him. The Maharaja claimed to be a direct descendant of Raja Hirday Narain Singh who was the admitted owner of the properties. Several persons came forward with rival claims of being the heirs to the properties left by the Maharaja which consisted of immovable and moveable properties, such as lands, houses, jewellery, etc. As a result of the hot contest by each of the claimants, one suit was filed at Varanasi being T.S. No, 3/55. That suit was filed by one Ram Bux Singh who claimed to be the nearest reversioner of the late Maharaja. That suit, however, appears to have died its natural death during the preliminary stages and was ultimately withdrawn on 9/04/1956, leaving only three claimants in the field.
(2.) ANOTHER suit was filed on 16/08/1955 in the Court of Sub-Judge, Patna which was registered as T. S. No. 44/1955. The claimant in this suit was one Suresh Nandan Singh of Sheohar who had put in his claim before the Board of Revenue which had taken over the management of the entire properties after the death of the widows of the Maharaja. The third suit being T. S. No. 25/58 was filed by two sets of plaintiffs who had entered into some agreement inter se. That suit was filed in the Court of Sub-Judge, Patna on 11/04/1958. In that suit, the main claim was put forward by Raja Jugal Kishore Singh who claimed to have succeeded to the gaddi of the Bettiah Raja in the capacity of putri ka putra of Raja Dhrub and on the extinction of the line of Raja Dalip Singh by reason of the death of Maharaja Harendra Kishore Singh, the right devolved on the plaintiff, Ambika Prasad Singh. The fourth suit was filed on 12/03/1959 in the Court of Sub-Judge. Chhapra which was later transferred to the Court of Sub-Judge. Patna and renumbered as T. S. 5/l961. In this suit also, there were two sets of plaintiffs - one consisting of plaintiffs who had entered into a champertous agreement with the other set of plaintiffs. In this suit, the principal plaintiffs, Shri Radha Krishna Singh, one of the sons of Bhagwati Prasad Singh, claimed to have succeeded to the estate of the late Maharaja as his nearest reversioner.
(3.) WE might mention here that the main contest before us has been between the plaintiff, Radha Krishna Singh (hereinafter referred to as the 'plaintiff') and the State of Bihar, supported by the State of Uttar Pradesh. So far as the other two suits were concerned they were dismissed both by the trial. Court and the High Court but the suit filed by Radha Krishna Singh (T. S. 5/1961) was decreed by the High Court with a majority of 2: 1. Mr. Justice G. N. Prasad with whom Mr. Justice A. N. Mukherji agreed, reversed the judgment of the Subordinate Judge and decreed the suit of Radha Krishna Singh and rejected the claim of the State of Bihar Mr. Justice M. M. Prasad, however took a different view and agreed with the trial Court holding that the suit of the plaintiff was rightly dismissed. He accordingly gave a dissenting judgment dismissing the suit of the plaintiff. It is not necessary for us to embark. on the history and other circumstances of the case because Justice G. N. Prasad has dextrously detailed the facts and circumstances of the entire case and has candidly narrated the historical events leading to the various crucial stages through which the litigation regarding the disputed properties had passed. We, therefore, need not repeat what has already been fully discussed by the High Court. Suffice it to say that the eventful story of the present litigation opens with the death of Maharaja Harendra Kishore Singh which took a more serious, turn when his two widows, Maharani Sheoratan Kuer died on March 24, 1896 and Maharani Jankih Kuer declared incompetent to manage the estate, as a result of which the management of the entire estate was taken over by the Court of Wards. As the properties in question were situated in both the States of Bihar and Uttar Pradesh the Courts of Wards of Bihar and Uttar Pradesh jointly carried on the management of the properties. Maharani Janki Kuer resided at Allahabad and died childless on November 27, 1954.;