Judgement

Three Consolidated Appeals (No. 7 of 1930) from a decree of the High Court (August 7, 1925) which dismissed an appeal of the defendant and partly allowed and partly dismissed an appeal of the plaintiff from a decree of the Subordinate Judge of 24-Perganas (November 3, 1921).

The litigation related to the succession to the estate of Raja Durga Prasad Singh, who died childless on March 17, 1916, survived by three widows, who were the plaintiffs in the suit and respondents to the first appeal. The defendant, Shiba Prasad Singh (appellant in the first appeal), was a collateral relative of the deceased Raja. The parties were governed by the Mitakshara. The chief item of property was the impartible estate Jheria, situated in the Manbhum district, but the Raja died possessed of considerable other immovable property, also of cash, jewellery, and other movable property.

Upon the death of the Raja the defendant took possession of the estate of Jheria and also other property of the Raja, claiming that it passed to him by survivorship. The plaintiffs alleged that the family had ceased to be joint, and claimed the estate under Hindu law ; they claimed the other immovable and movable p