SANJIV KHANNA, J. - (1.) These civil appeals arise out of common judgment and decree dated 12th September 2008 passed by the High Court of Judicature at Allahabad in Second Appeal No. 1930 of 1983 (Chandra Nath Kala (D) through LRs. v. Trijugi Narain (D) through LRs. and Others) and Second Appeal No. 2017 of 1983 (Sankoo and Another v. Trijugi Narain (D) through LRs and Others).
(2.) The issue raised in the present appeals relates to the nature of the property, that is, whether the perpetual leasehold rights in plot No. 16 (Old Plot No. 9), Chaukhandi Kydganj, Allahabad ­ Nazul Plot ('the property' for short) was coparcenary joint Hindu family property or being a part of impartible estate of the State of Maihar, was clothed with the incidence of self-acquired and separate property.
(3.) In order to decide the controversy, we would record the facts in brief. (a) One Bachchu Lonia had acquired the property by means of perpetual lease deed dated 12 th September 1873 executed by the Government. After the death of Bachchu Lonia, his son Ram Bharose by means of a registered sale deed dated 12 th August 1896 had transferred the perpetual lease rights to Raghubir Singh, the then Maharaja of the State of Maihar. (b) Subsequently, Brij Nath Singh had succeeded to the throne/gaddi of the State of Maihar. Brij Nath Singh vide registered will dated 11th February 1966 had bequeathed the palace of Maihar and privy purse to Govind Singh, elder son of his first wife Surendra Kumari and rest of the properties including the property to his second wife Rani Tej Kumari for her son after making provisions for her maintenance during her lifetime. Brij Nath Singh had died on 13 th October 1968. (c) Notwithstanding this will, Govind Singh, elder son of Brij Nath Singh from his first wife, as peshwa and karta of the joint Hindu family, had sold the property vide registered sale deed dated 18th November 1968 to Trijugi Narain Dubey and Surendra Nath Prayagwal. (d) On 20th November 1968, Chandra Nath Kala and Sankoo had instituted Original Suit No. 194 of 1968 for permanent injunction against Trijugi Narain and Surendra Nath claiming right in the property by adverse possession for last thirty years. Later on, they had filed an application for amendment of the plaint as Vimal Kumar Singh, power of attorney holder of Rani Tej Kumari, had executed sale deed dated 6 th June 1969 of the property in favour of Chandra Nath Kala, which application for amendment claiming title based on the sale deed was allowed by the trial court. However, this order allowing the amendment was set aside by the High Court vide order dated 10th December 1971. (e) Chandra Nath Kala had then on 7 th March 1972 instituted Original Suit No. 64 of 1972 for declaration and injunction against Trijugi Narain and Surendra Nath, impleading Sankoo as the third defendant predicating his right on the sale deed dated 6th June 1969 executed in his favour by Rani Tej Kumari. Sankoo admitted the claim of Chandra Nath Kala, while Trijugi Narain and Surendra Nath had filed written statement, inter alia, stating that Brij Nath Singh had no right to execute the will in favour of Rani Tej Kumari inasmuch as the property was coparcenary property of the joint Hindu family. Further, Govind Singh being the karta of the family, had validly executed the sale deed dated 18th November 1968 in favour of Trijugi Narain and Surendra Nath. ;