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1924 Supreme(SC) 36

Maharajadhiraj Sir Rameshwar Singh Bahadur – Appellant
Versus
Hitendra Singh and others – Respondent


Advocates Appeared:
Watkins and Hunter, Orr Dignam, Sandersors, B. Dube, George Lowndes, A. Majid, De. Gruyther

Lord Shaw:-

These are two consolidated appeals from one judgment and two decrees of the High Court of Judicature at Patna, dated the 31st March 1921. They partly affirmed and partly reversed a judgment and decree dated 4th August 1919, of the Subordinate Judge at Durbhanga.

The appellant is the Raja of Darbhanga. The respondents are members of the junior branch of the Raja's family. As such they are in possession and enjoyment of certain babuana immoveable properties, which were the subject of a babuana grant made by the head of the family many years ago Certain mortgages were granted to the appellant as well as to certain persons outside of the family, and there were mortgage and money decrees existing against the respondents to such an amount that it was thought expedient that a Receiver of the mortgaged properties should be appointed.

Upon the 2nd February 1910, the judgment debtors accordingly filed a petition for the appointment of a Receiver. On the 12th of the same month the appellant, the Raja, by his application consented to the appointment. Following upon these proceedings, the Subordinate Judge of Darbhanga, on the 9th April 1910, made an order appointing a Receiver, and, o












































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