PROTAP CHANDRA DEO DHANBAL DEB Vs. SRI RAJA JAGADISH CHANDRA DEO DHABAL DEB

JUDGEMENT

(1.) This appeal arises out of a suit for declaration of title to and recovery of possession of the Dhalbhum Raja Estate, for mesne profits and other reliefs. The plaintiff Jagadish Chandra Deo Dhabal claimed the estate under the will of Raja Satrughna Deo Dhabal dated the 11 May 1905. The properties belonging to the estate are situated partly in Singbhum, and partly in the district of Midnapur.

(2.) The parties are governed by the Mitakshara School of Hindu Law, and their ancestors are said to have migrated from Rajputna, centuries ago. The history of the family is stated in Mohesh Chander Dhal V/s. Satrughan Dhal (1901) 29 Cal. 343 and a geneological table is given at page 344. The defendant Protap Chandra is descended from one Jugal Kishore who belonged to the main family and the plaintiff is descended from one Raja Karnala Kant the brother of Jugal Kishore, who founded the Jambuni branch of the family.

(3.) The Dhalbhum Raj is an impartible estate, the succession to which has devolved by family and local custom according to the rule of lineal primogeniture from ancient times. The estate was settled by the British Government with Raja Jagannath, the ancestor of the parties at a revenue of Rs. 4,000 in 1777. Raja Satrughna got the Dhalbhum estate according to the ancient family and local custom, on his death dispute arose as to succession to the estate between the defendant who is his nearest heir, and the plaintiff who claimed the estate under his will.