Judgement

Appeal (No. 59 of 1934) from a decree of the High Court 1 (July 29, 1932) reversing a decree of the Additional Subordinate Judge of Hazaribagh (March 31, 1928).

On November 17, 1909, Jadu Charan Singh, the owner of an impartible estate which had shortly before been released from management under the Chota Nagpur Encumbered Estates Act, 1876, executed a maintenance grant in favour of the appellant, his son, yielding an annual income of Rs.1300. The sanction of the Commissioner under the Act to that grant was not obtained. On September 21, 1917, the appellant, having attained his majority, instituted a suit against his father and his (the appellants) two brothers claiming a maintenance grant, inclusive of that of 1909, of the yearly value of Rs.4000. The Subordinate Judge decreed the suit and declared that the grant of 1909 was " legally valid " and decreed and ordered that the appellant was entitled to the maintenance grant as prayed. In implement of that order Jadu Charan Singh executed a maintenance grant dated February 21, 1920.

The respondent, Jadus grandson and successor, instituted the present suit on May 14, 1926, claiming a declaration that the two maintenance gran