Sir John Beaumont.-This is an appeal by leave of the High Court of Judicature at Fort William in Bengal from the judgment and decree of that Court in its civil appellate jurisdiction, dated 26th August, 1946, affirming a judgment and decree of the same Court in its ordinary original civil jurisdiction, dated 4th September, 1942, dismissing with costs the suit of the plaintiff which sought to set aside a compromise decree. No relief is claimed against respondents 2, 3, and 4 who have not appeared in the appeal.

The litigation relates to the title to an ancient impartible Raj known as the Dumraon Raj, which is said to be of the value of four crores of rupees. The original plaintiff and defendant had a common ancestor in one Parbal Singh who died in the year A. D. 1672. Parbal had a grandon, Raja Horil Singh, who founded the Dumraon branch of the family, and a grandson, Udwant Singh, who founded the Jagadishpur branch of the family. The last undisputed owner of the Dumraon Raj was Maharaja Sir Radha Prasad Singh (hereinafter referred to as “Sir Radha”).

On 12th March, 1889, Sir Radha executed a deed poll whereby he empowered his wife, Maharani Beni Prosad Koer, to adopt a son, who might be a member of the Jagadishpur branch of the family, in the event of his dying without leaving-male issue or without having adopted a son who should attain his majority.

On 17th December, 1890, Sir Radha made a will confirming the power granted by the deed poll of 1889, and leaving the whole of his property to his wife for the term of her natural life. Sir Radha died on 5th May, 1894, leaving him surviving his said wife, who on the death of Sir Radha entered into possession of the Dumraon Raj Estate.

No action was taken by the Maharani with regard to the power to adopt a son until 12th December, 1907, the day preceding that of her death, when it is alleged she adopted as a son to her late husband Srinivas Prasad Singh, sometimes called Jung Bahadur Singh, a member of the Jagadishpur branch of the family, who was a minor of the age of about five years, and who is hereafter referred to as “the minor”. The Maharani died on 13th December, 1907.

Immediately after her death, Keshava Prasad Singh (hereinafter referred to as “Keshava Prasad”), a member of the Dumraon branch of the family, who claimed to be the heir of Sir Radha according to the rule of lineal primogeniture, took possession of the Dumraon Raj Estate. But on 16th December, 1907, the Board of Revenue, Bengal, made an order under the Court of Wards Act (Act IX (B.C.) of 1897) hereinafter called “the Act”, declaring the minor to be minor under section 6-B of the Act and that the said Court of Wards had determined to take under its charge the person and property of the minor and directing that possession should be taken of the said person and property on behalf of the said Court.

On 7th March, 1908, Captain, J. B. Rutherford was appointed manager of the Dumraon Raj Estate under the Court of Wards, and duly took over charge and entered into possession of the said Estate. On 5th February, 1909, Keshava Prasad instituted suit No. 29 of 1909 in the Court of the Subordinate Judge of Shahabad. The principal defendant in the suit was the minor by his guardian ad litem J. B. Rutherford who was also made a defendant. The suit is hereinafter referred to as “the original suit.” The relief claimed was possession of the Dumraon Raj Estate and a declaration that the minor was not the adopted son of Sir Radha and had no right, title or interest in the said Raj.

On 12th August, 1910, the learned Subordinate Judge gave judgment in the suit. He held that the Dumraon Raj was an ancient, ancestral, impartible Raj, which descended to a single male heir according to the rule of lineal primogeniture: that females were excluded by custom: that Keshava Prasad was the heir of Sir Radha, and that the Estate descended to him subject only to the life-estate of the Maharani. He held further that the adoption of the minor did not i

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