Privy Council Court February 1937 Judgments

Maharaja Sir Kesho Prasad Singh Bahadur Vs. Bahuria Mt. Bhagjogna Kuer ...

Court: Privy Council

SIR GEORGE RANKIN: In this case five appeals remain to be decided, seven having been compromised. The plaintiff in suit No. 106 (appeal No. 35) was Bahuria Mt. Bhagjogna Kuer and the principal defendant was the then Maharaja of Dumraon. In the other four suits the Maharaja was plaintiff and the principal defendant was Babu Ramsarup Singh, Mt. Bhagjogna's husband. These original parties have all died and their place has been taken by representatives, but these changes in the record may be disregarded for the sake of brevity in expression. The suits arose out of proceedings taken by the tenants of certain agricultural lands near to the River Ganges and to the border line between the district of Shahabad in Bihar and Orissa and the district of Ballia in the United Provinces. By S. 149, Bengal Tenancy Act, a tenant, if sued for rent by a person whose title to the rent he does not admit, may pay the money into Court with a plea that the rent is due to a third person. The Court thereupon giv...

Mt. Biro Vs. Atma Ram and Others

Court: Privy Council

Reported in: AIR1937PC101

SIR SHADI LAL: On 20th September 1900, one Harbans Lal, a Khatri of Ludhiana in the province of the Punjab, died leaving him surviving a widow, Mt. Bir Wanti alias Mt. Biro, and a daughter, Mt. Ishri, by a predeceased wife. The widow took possession of the whole of his estate, which consisted not only of moveables, but also of agricultural land and house property. In July 1920, she made a will, by which, after declaring that she had previously gifted certain immoveable properties to her relative, Bhagat Ram, she gave various properties to charities. The dispute in the suit, which has led to this appeal, is confined to the gift made to Bhagat Ram, the validity of which is contested by the plaintiffs, who claim to be the collaterals of Mt. Biro's husband Harbans Lal. They challenge her authority to make the transfer, and ask for a declaration that it should not adversely affect their right to succeed to the estate after her death. The trial Judge held that the plaintiffs had not proved t...