SHAH, - (1.) THE following judgment of THE court was delivered by
(2.) THE following is the genealogical table explaining how the parties are related : JUDGEMENT_135_AIR(SC)_1969Image1.jpg 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 21/06/1960. Rani Jagannath Kuar adopted on 21/02/1901, 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 30/03/1920, when it was released in favour of Raja Bishwanath. On 29/08/1932, 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 7/08/1933. On 21/11/1936, Raja Bishwanath revoked the deed of trust On 31/01/1942, the court ofWards 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 2/08/1946, Raja Bishwanath executed a will bequeathing the Tiloi Estate and its appurtenances to his son Rajkumar Mohan Singh-hereinafter called `the Junior Rajkumar`. Raja Bishwanath died on 8/11/1946, and disputes arose soon thereafter between the Senior Rajkumar and the Junior Rajkumar-the former claiming the estate relying upon the deed of trust and the latter relying upon the will of the late Raja. The court of Wards instituted in the court of the District Judge, Rai Bareilly, an inter-pleader suit on 7/07/1950, impleading the three widows of Raja Bishwanath, his three sons and the deity Sri Jagannath Bahari Ji for whose benefit certain lands were settled under two deeds by Rani Jagannath Kuar. The District Judge held that the deed of trust executed by Raja Bishwanath was acted upon and was `not invalid and unenforceable' for any of the reasons set up by the Junior Rajkumar, and that the Senior Rajkumar was not precluded from claiming the estate relying on the trust deed. He further held that the provisions of s. 22 of the Oudh Estates Act, 1869, applied to the taluqdari estate held by Raja Bishwanath, but not to his non-taluqdari property. Since, however, a major portion of the property was the subject matter of the trust under the deed executed in 1932, and the rest had been bequeathed in favour of the Junior Rajkumar, the question of succession by lineal primogeniture did not arise in respect of any portion of the property which was the subjectmatter of the suit. The court further held that Item 210 of Sch. A to the plaint was not. in possession of the court of Wards and consequently in that respect an interpleader suit did not lie, and in respect of Items 8 to 12 of Sch. B to the plaint, the three sons of Raja Bishwanath had only a right of management as shebalts, that the deed of trust constituted a valid gift and the included in the deed of trust was subject to the obligations created. thereby, that Raja Bishwanath was fully competent to execute the deed of trust, and that the will dated 2/08/1946, executed by Raja Bishwanath in favour of the Junior Rajkumar was operative in respectof Items 102 and 1 12 of Sch. A: of the plaint, and also in respect of Items 4, 5, 6 & 7 of Sch. B to the plaint and the other appurtenances of the Tiloi Estate which were not included in the deed of trust executed by Raja Bishwanath or in the deed of trust executed by Rani Jagannath Kuar. The court gave certain directions in respect of the property settled under the deeds of trust created by Rani Jagannath Kuar, but since no claim is raised in respect of those properties, nothing need be said in that behalf. Substantially as a result of the findings recorded by the District Judge, the will set up by the Junior Rajkumar and the deed of trust set up by the Senior Rajkumar were both upheld', and a decree was made in favour of the Junior Rajkumar in respect of those properties which were not covered by the deed of trust.
(3.) AGAINST that decree the Junior Rajkumar, his brother Rajkumar Vijai Singh and their mother Rani Sonamani Devi appealed. The Senior Rajkumar did not prefer an appeal against that part of the decree which upheld the will of Raja Bishwanath and the claim of the Junior Rajkumar. During the pendency of the appeal, the Senior Rajkumar was appointed receiver of the properties in dispute under an order of the court dated 24/03/1959, and he continued to remain in posse on thereafter. On the abortion of the Zamindari, the court of Wards was struck off from the record. Before the High court of Allahabad, two principal questions fell to be determined, (1) whether the deed of trust dated 29/08/1932, executed by Raja Bishwanath was valid and operative so as to create an interest in favour of the Senior Rajkumar; and (2) whether the deeds of trust executed by Rani Jagannath Kuar on 21/09/1920 and 15/05/1933 were valid and operative. The High court substantially agreed with the Trial court on both the questions. Against that decree passed by the High Court, this appeal was filed with certificate granted by the High court by the Junior Rajkumar, his younger brother-Rajkumar Vijai Singh-and his mother-Rani Sonamani Devi.;