Judgment

SARKAR, J. (For himself and S. K. Das J.) :

Raja Prosanna Deb, Raikat, the proprietor of the Baikunthapur Raj Estate, in the district of Jalpaiguri in the West Bengal, died intestate,on December 4, 1946. The Raja left behind him a widow, Rani Asrunmati Debi, now deceased and the appellant Prativa Bose, the daughter by her Rani Asrunmati took possession of the estate on the Raja s death.

2. On August 7, 1947, the respondent Rupendra instituted a suit in the Court of the Subordinate Judge of Jalpaiguri, against Rani Asrunmati and certain other agnatic relations of the Raja for a declaration that as the Raja s eldest son by another wife Ram Ranchi, he was the sole lawful heir and entitled to the exclusive possession of the estate which was an impartible estate and governed, by at rule of primogeniture, and for possession and other consequential reliefs. Rani Ranchi 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 suit was contested by Rani Asrunmati and the agnatic relations who denied that there had been any marriage between the Raja and the mother of the respondent Rupendra. The suit