SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1959 Supreme(SC) 221

S.R.DASS, A.K.SARKAR, K.SUBBA RAO
Rani Drigraj Kuer – Appellant
Versus
Raja Amar Krishna Narain Singh – Respondent


Advocates:
BISHAN SINGH, C.P.LAL, CO., H.N.SANYAL, J.B.DADACHAN, NIAMATULLAH, OMKAR NATH SRIVASTAV, RAJINDAR NARAIN, S.N.ANDLEY

Judgement Key Points

Based on the provided legal document, the conclusion is that the compromise decree in the case was deemed a nullity due to non-compliance with the mandatory provisions of the relevant statute, specifically Section 56 of the Court of Wards Act. The failure to appoint separate representatives for the conflicting interests of the wards rendered the proceedings and the resulting decree invalid. Consequently, the appeals were considered to be still pending before the court, and the court was directed to dispose of the appeals in accordance with law. The order of the lower court was set aside, and the appeals were dismissed with costs.


Judgment

SARKAR, J. (on behalf of himself and S. K. Das 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. Ramnagar estate was governed by the Oudh Estates Act (I 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.

2. Raja Udit Narain died in 1927 leaving two sons of whom the elder was Raja Harnam and the younger Kanwar Sarnam. Kanwar Sarnam died in 1928 leaving the respondent his only son, and a widow, Parbati Kuer. Raja Harnam died thereafter in 1935 without issue, leaving the appellant his sole widow.

3. 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 now to be made.

4. The appellant s contentions 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,























































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top