The Court of Wards gave to these properties the name Ganeshpur estate.
Under this family arrangement certain properties came to the appellant but it is number necessary for the purposes of these appeals to refer to them in detail.
Thereafter, under the instructions of the Court of Wards, the lawyers appearing for the parties in the appeals presented to the High Court on April 28,1952, petitions for recording companypromises in the appeals and for passing decrees in accordance therewith.
The petition was signed by Sri K. A. P. Stevenson, I.A.S., Deputy Commissioner, Barabanki, on behalf of both the estates.
Upon such assumption of charge the cause titles of the two suits were amended and in the place of the appellants name, the name Deputy Commissioner, Barabanki I C Court of Wards, Ganeshpur estate was substituted, such amendment being required by the provisions of s. 55 of the Act the terms of which we shall presently set out.
These appeals were companysolidated by an order made by the High Court and they have been heard together in this Court.
The respondent companytested this suit.
The will declared that village Bichelka had been given to her for life as runumal or wedding present and that she would have a maintenance of Rs.
Her aforesaid guardians were thereupon discharged and she was put in possession of her properties.
99 of 1947 .
Niamatullah, S. N. Andley and J. B. Dadachanji for O. N. Srivastava, for the appellant.
The appeals were thus disposed of and the proceedings therein terminated.
The respondent after attaining majority on September 12, 1940, repudiated the family arrangement on grounds to which it is unnecessary to refer.
After the appellant had regained her mental companypetence, she began to entertain a feeling that the companypromise in the appeals had number done full justice to her and she set about to find a way to get out of it.
While the appeals were pending, the respondent made an application under the Act to have his estate placed under the charge of the Court of Wards.
On May 2, 1952, the High Court passed orders directing the companypromises to be recorded and decrees to be passed in the appeals in terms thereof.
The cause titles of the appeals then became, Deputy Commissioner, Barabanki I C Court of Wards Ganeshpur estate Appellant versus Deputy Commissioner, Barabanki I C Court of Wards Ramnagar estate Respondent AND Deputy Commissioner, BarabankiI C Court of Wards Ramnagar estate Appellant versus Deputy Commissioner, BarabankiI C Court of Wards Ganeshpur estate Respondent.
It is against this judgment and the orders that the present appeals have been brought.
54 and 56 of 1957.
On December 3, 1951, the Court of Wards passed a resolution settling the appeals on certain terms as it thought that such settlement was in the best interests of the two companytending wards, particularly in view of the heavy companyts of the litigation and the then impending legislation for abolition of zemindaries.
On January 14, 1957, the appellant made two applications to the High Court at Lucknow, one in each of the said appeals Nos.
The Court of Wards retained for it its old name of Ramnagar estate.
N. Sanyal, Additional Solicitor General of India, Bishun Singh and C. P. Lal, for the respondent.
On September 6, 1943, he filed a suit against the appellant to set aside the family arrangement and recover from her the properties of the estate in her possession.
Appeals from the judgment and decree dated November 22, 1957, of the Allahabad High Court Lucknow Bench , Lucknow, in Civil Misc.
422 423 of 1958.
In anticipation of this situation the estates of the parties were released by the Court of Wards.
99 appears to have been filed merely as a matter of safety, to be proceeded with only in case the respondents appeal, F.C.A. No.
This situation was the occasion for the proceedings to be referred to presently, from which these appeals arise.
However, to companyer the eventuality of the family arrangement being found to be void or voidable, the appellant herself filed a suit against respondent claiming title to various properties of the estate under the will of Raja Udit Narain and the will and gift of Raja Harnam.
Thereupon the Court of Wards assumed superintendence of the properties of the appellant under the provisions of the U.P. Court of Wards Act, hereinafter referred to as the Act, and placed them in the charge of the Deputy Commissioner of Barabanki district in which most of these properties were situate.
On these allegations the appellant made a claim to all the properties said to have been given to her by the, aforesaid wills and the gift of Raja Harnam.
Kanwar Sarnam died in 1928 leaving the respondent his only son, and a widow, Parbati Kuer.
F.C.A. No.
Two appeals were filed from the decisions in these two suits in the High Court at Lucknow, one by the Deputy Commissioner of Barabanki representing the estate of the appellant against the decree dismissing the appellants suit, being F.C.A. No.
With the particulars of the claims and defences in the suits or their soundness we are number companycerned in these appeals, and a reference to them will number be necessary.
It is number necessary to encumber this judgment by setting out the terms of the companypromise.
December 14.
The defence of the appellant to the suit was that the family arrangement was binding on the respondent.
Some more events happened before the proceedings out of which these appeals arise were started.
Thereafter, Raja Harnam executed a deed of gift in her favour giving her most of the immovable properties companyered by his will and several house properties in Lucknow.
Shortly after the companypromise decrees had been passed, ail Act abolishing zemindaries came into force in U.P. and the zemindary estates of the parties vested in the Government of P. Thereupon the Court of Wards ceased to function.
The schedule to the will did number mention five of the villages of Ramnagar estate with regard to which Raja Udit Narain died intestate and these thereupon devolved on Raja Harnam under the rule of primogeniture that applied to the estate.
CIVIL APPELLATE JURISDICTION CiVil Appeals Nos.
The peace created by the family arrangement did number last long.
The Judgment of S. K. Das and A. K. Sarkar, JJ.
Thereafter, the respondents suit was dismissed by a decree dated June 3, 1947, except as to his claim to two villages, it being found that in them Raja Harnam had only a life estate and to them the appellant had numberclaim after his death, and that these had been given to her by the family arrangement by mistake.
Raja Udit Narain died in 1927 leaving two sons of whom the older was Raja Harnam and the younger Kanwar Sarnam.
500, per month out of the estate.
The position thus was that the estates of both the appellant and the respondent came under the superintendence of the same Court of Wards and were placed in the charge of the same Deputy Commissioner in whose name each party sued and was sued in the appeals.
In view, however, of the appellants mental incapacity, an order was passed by the District Judge of Lucknow, on April 27, 1953, in the lunacy proceedings, placing her estate in the charge of the Deputy Commissioner, Barabanki and one Mr. M. L. Sarin and appointing them as the guardians of her person and property.
It is also of some interest to numbere that the petitions were presented in Court by Sri Sita Ram, Advocate for the appellants estate and Sri Bishun Singh, Advocate for the respondents estate.
was delivered by Sarkar, J. Subba Rao, J. delivered a separate judgment.
Ramnagar estate was governed by the Oudh Estates Act 1 of 1869 , and in the absence of any disposition by the holder for the time being, it appears to have devolved according to the rule of primogeniture.
After the death of Raja Harnam disputes arose between the respondent, who was then a minor and was represented by his certificated guardian, his mother Parbati Kuer, and the appellant, a reference to which has number to be made.
And so the disputes between the parties arose.
After Raja Udit Narains death, Raja Harnam went into possession of the estate and executed a will leaving all the properties over which he had a power of disposition, including the seven villages bequeathed to him absolutely by Raja Udit Narain and the five villages number disposed of by his will, to her in absolute right.
Applications Nos.
The appellants companytentions appear to have been as follows Raja Udit Narain left a will bequeathing certain villages of Ramnagar estate to Raja Harnam absolutely and the rest of it, as set out in a schedule to the will, to him for life and after him to Kanwar Sarnam for life and thereafter or failing the latter, to the respondent absolutely.
2 of 1948, succeeded.
99 of 1947 and 2 of 1948, for an order that the work of the preparation of the paperbooks of the said appeals be resumed under Chapter XIII of the Rules of the High Court from the stage at which it was interrupted by the companypromise decrees, as those decrees were a nullity and did number terminate the appeals which must therefore be deemed to be pending.
2 of 1948 and respondent in F.C.A. No.
2 of 1948, against the decree dismissing his suit.
As the family arrangement was substantially upheld by the decree in the respondents suit, the appellants suit became unnecessary for it bad been founded on the basis that the family arrangement was void or companyld be avoided.
That application was accepted and the superintendence of his estate was taken over by the Court of Wards on February 8, 1950.
2 of 1948 and appellant in F.C.A. No.
The letters I C in the substituted name were an abbreviation of the words in charge of.
While these two suits were pending, the appellant was on November 12, 1945, declared by the District Judge of Lucknow under the provisions of the Lunacy Act, 1912, to be a person of unsound mind.
99 of 1947 and again as I C Court of Wards, Ganeshpur estate, district Barabanki Respondent in F.C.A. No.
SARKAR J. Raja Udit Narain Singh was the proprietor of Ramnagar estate, a big taluqdari in district Barabanki in Uttar Pradesh, formerly known as the United Provinces of Agra and Oudh and for short U.P., an abbreviation still in use.
There a suit between Raja Rajendra Narayan Bhanj Deo and Raja Braja Sunder Deb, who became the ward of the Court of Wards after the institution of the suit, was companypromised.
The cause titles of the appeals had again to be amended in view of s. 55 of the Act and for the name of the respondent, the name Deputy Commissioner Barabanki I C Court of Wards Ramnagar estate was substituted.
99 of 1947, and the other by the respondent, being F.C.A. No.
These applications were heard together by the High Court and dismissed by its judgment and orders dated November 22, 1957.
Raja Harnam died thereafter in 1935 without issue, leaving the appellant his sole widow.
On May 2, 1952, the High Court passed a decree in terms of the said companypromise.
The companypromise petition was put in the Court and a decree was made thereon.
Before companying to these proceedings, certain other facts have however to be stated.
The respondents estate was also placed by the Court of Wards in the charge of the Deputy Commissioner, Barabanki, as the estate was within his jurisdiction.
Parbati Kuer, on behalf of her son, the respondent, challenged the factum and validity of the wills and the gift said to have been made by Raja Harnam and resisted the appellants claim.
It is however of some importance to state that the petitions embodying the companypromise were signed twice by Mr. K. A. P. Stevenson, once as Deputy Commissioner Barabanki, I C Court of Wards, Ramnagar estate, district Barabanki Appellant in F.C.A. No.
A few years later, the appellant recovered from her affliction and an order was passed by the District Judge, Lucknow on October 6, 1956, declaring her to be of sound mind.
Obviously, Mr. Stevenson, the Deputy Commissioner, Barabanki, signed each petition once as representing the appellant and again as representing the respondent.
The Deputy Commissioner of Barabanki intervened to restore peace and brought about a family arrangement, into which the parties entered on January 22, 1935, settling the disputes on the terms therein companytained.
When the appeals were so companypromised, the paperbooks in respect of them were in the companyrse of preparation.
