Judgement

Appeal (No. 107 of 1921) from a decree of the High Court (July 9, 1918) affirming a decree of the Subordinate Judge of Bhagalpur (September 14, 1914) subject to a variation not material to this report.

The suit was brought in 1910 by a mortgagee, represented by the first four respondents, to enforce a mortgage executed in 1895 by Raja Udit Narayan Singh in respect of a large pargana called Handwa situated in the Sonthal Parganas. The mortgagor died childless in 1896, having by his will authorized his widow to make an adoption and provided that the son adopted should " succeed to the gaddi and become owner of the old zamindari and istamarari mukarrari rights, which continue from before the British administration." The first defendant was the widow, and the second the adopted son, the present appellant, who was then a minor ; certain alleged incumbrances were also joined.

The appellant by his guardian ad litem pleaded that the late Raja had merely the estate of a ghatwal terminable with his life, and inalienable except with the consent of the Government, and he submitted that the Secretary of State for India in Council was a necessary party; he also objected that, having re