On March 31, 1954, the respondent Rupendra filed an application under s. 4 of the Bengal Regulation V of.
B. Bagchji and Sukumar Ghose, for the respondents.
The present appeal is by Prativa Bose against the order of the High Court.
Appeal by special leave from the judgment and order dated June 6, 1956, of the Calcutta High Court in Civil Rule No.
K. Daphtary, Solicitor General of India, B. Sen, S. N. Mukherji and P. K. Bose, for the appellant.
Kumar Rupendra Deb went in revision to the High Court.
499 of 1955.
539 of 1960.
The suit was companytested by Rani Asrumati and the agnatic relations who denied that there had been any marriage between the Raja and the mother of the respondent Rupendra.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
May 10, 1963.
The suit was transferred to the High Court at Calcutta by an order made on April 12, 1949 under cl.
was delivered by Raghubar Dayal J. The separate opinion of S. K. Das and A. K. Sarkar JJ.,
Rani Renchi was a lady belonging to the Lepcha tribe and the respondent Rupendra alleged that the Raja had married her according to the Gandharba form.
The Judgment of M. Hidayatullah, Raghubar Dayal and N. Rajagopala Ayyangar JJ.,
13 of its Letters Patent.
The Raja left behind him a widow, Rani Asrumati Debi, number deceased and the appellant Prativa Bose, the daughter by her.
On August 7, 1947, the respondent Rupendra instituted a suit in the Court of the Subordinate Judge of jalpaiguri, against Rani Asrumati and certain other agnatic relations of the, Raj for a declaration that as the Raja is eldest son by another wife Rani Renchi, he was the sole lawful heir and entitled to the exclusive possession of the estate which was an impartible estate and governed by the rule of pri mogeniture, and for possession and other companysequential reliefs.
On Ashrumatis death on January 5, 1954, Prativa Bose was substituted in her place in these suits.
13 of the Letters Patent, 1865, and was numbered as Extraordinary Suit No.
was delivered by A. K. Sarkar J. SARKAR J. Raja Prosanna Deb Raikat, the proprietor of the Baikundiapur Raj Estate, in the district of jalpaiguri in West Bengal, died intestate on December 4, 1946.
The suit was transferred to the High Court under cl.
In July 1952, applications for the .appointment of a receiver and injunction order were re jected by the High Court.
Rani Asrumati took possession of the estate on the Rajas death.
