( 1 ) THIS is an application under Clause 13 of the Letters Patent for transfer of a suit pending in the Subordinate Judge's Court at Jalpaiguri to this Court to be tried and determined in its Extraordinary Original Civil Jurisdiction.

( 2 ) THE suit has been filed to recover a large estate, called Baikunthpur, situated in the district of Jalpaiguri being one of the largest estates in that district and concerns a family which is of importance not only in that district but also in the province of Bengal.

( 3 ) THIS family, originally Koch, apostatised to Hinduism, and although affected to be Hindus it has retained and is governed by family customs which as regards some matters are at variance with Hindu law. It appears that the law of primogeniture governs succession to the estate; females are excluded from inheritance. The successive holders of the estate are called Raikuts. Mokrund Deb Raikut v. Bissessuree, 9 S. D. A. R. 159 and Fanindra Deb v. Rajeswar Dass, 12 I. A. 72 : (11 Cal. 463 P. C. ).

( 4 ) THE last holder of the title and of the estate was Prasanua Deb Raikut (hereinafter called "the Raikut") who died in December 1946, leaving a widow, Rani Ashrumati