Judgement

Consolidated Appeals (No. 59 of 1925) by special leave, the first two being cross-appeals from a decree of the High Court (June 20, 1924) affirming a decree of the Subordinate Judge of Midnapur (August 22, 1922), and the third being from two orders made by the High Court after its said decree.

The above named respondent brought a suit against the above named appellant claiming an estate known as the Dhalbhum Raj, and mesne profits. He claimed under the will of Raja Satrughna, the last holder, who died in 1916. The family was undivided and governed by the Mitakshara; the estate was impartible and governed by a custom of lineal primogeniture. It was admitted that if the will was invalid, as the defendant contended, he was entitled to succeed. The history of the family (with a genealogical table) appears in a report of a former litigation at I.L.R. 29 C. 343. The defendant was descended from one Jugal Kishore, and the plaintiff from Jugal Kishores brother, Kamala Kant.

Since 1905 the estate had been administered under the Incumbered Estates Act, 1876. Both the plaintiff, who obtained probate and administration, and the defendant applied to be placed on the register in respec