P. S. Mishra, J.

The defendant—State of Bihar has appealed against the judgment and decree of the court of the 1st Additional Subordinate Judge, Bhagalpur, in the Title Suit No. 14/1964

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4/1967

2. Khawashpur Kothi of Darbhanga Raj bearing Tauzi No. 1309 in Mauze Khawashpur. P.S. Pirpaiti, described in Schedule ‘A’ of the plaint was in possession of the estate of Raj Darbhanga until the notification vesting the said estate in the State Government was issued under section 3 of the Bihar Land Reforms Act, 1950 (hereinafter referred to as ‘the Act’). Shree Kameshwar Singh Bahadur, proprietor and owner of the estate, died on 1.10.1962 leaving his last will dated 5.7.1961, appointing Pandit Shree Lakshmi Kant Jha (since deceased) as the sole executor for all purposes and for all his properties. In the plaint presented to the court by the sole executor, it is stated that Maharajadhiraj Shree Rameshwar Singh Bahadur of Darbhanga father of Maharajadhiraj Shree Kameshwar Singh Bahadur purchased several indigo factories by a registered sale deed dated 3.11.1990 from one Mr. William Loyed Thomes of Calcutta and came in possession of the same including the pro