Judgement

R. N. MISRA, J.:- Not far away the from the Town of Sambalpur and within that district lay the impartible estate of Kolabira until it was abolished by the Orissa Estates Abolition Act, 1951, in November, 1952. Succession to this estate was governed by the rule of primogeniture. At the close of the Nineteenth Century one Chintamoni Singh was the proprietor of this estate. He died on 21-12-1903 leaving behind a son, Nruplal Singh who was then aged about 17, a daughter and two brothers. The estate was taken over by the Court of Wards for management and was released to Nruplal on 15th of January, 1910. During the period the Court was in management, Nruplal had been given some schooling as also training in estate administration.

2. Sometime in the year 1939, Brusabhanu (defendant no. 1), a young man of the locality, came into employment of the ex-proprietor. It is stated that he first served as a cleaner and soon became the proprietor s driver and was very much in his confidence. Nruplal was suffering from partial paralysis of the body and required constant assistance. Defendant no. 1 apart from rendering service as a driver was also giving various other services to Nruplal. He