The General Manager of the Raj Durbhunga, under the Court of Wards, - Appellant; Maharajah Coomar Ramaput Sing, - Respondent
| Jurisdiction | UK Non-devolved |
| Judgment Date | 21 March 1872 |
| Date | 21 March 1872 |
| Court | Privy Council |
English Reports Citation: 20 E.R. 912
ON APPEAL FROM THE HIGH COURT OF JUDICATURE AT FORT WILLIAM IN BENGAL.
See Baijun Doobey v. Brij Bhookun Lall Awusti, 1875, L.R. 2 Ind. App. 281.
THE GENEEAL MANAGER OF THE RAJ DURBHUNGA, under the Court of Wards,-Appellant; MAHARAJAH COOMAR RAMAPUT SING,-Respondent * [March 20 and 21, 1872]. On appeal from the High Court of Judicature at, Fort William in. Bengal. In a suit by A. against B. for arrears of rent, a Decree was obtained by A. against B.'s Widow; B. having died pending the suit. Under this Decree execution was obtained, and the interest of the Widow was sold under Act, . No. XI. of 1859. The amended Certificate stated, that the estate was sold by virtue of the Decree. Held, reversing the Decree of the High Court, and following Jokan Chunder Mitter v. BuJesh AH Soudagur (Marshall's Ben. App. Cases, 614), that the sale was not of the Widow's personal interest, but as the representative of her Husband's estate. The facts which gave rise to this appeal were these:- [606] The Respondent and Appellant had both, obtained separate Decrees in respect of arrears of rent due to them respectively by one Gourpershad, deceased. They had both taken out execution of their Decrees after his death, and the Appellant had, at a execution sale, purchased the lands in dispute, against which the Respondent in this suit sought to execute his Decree, notwithstanding the sale to the Appellant, on the ground that the Appellant had acquired, by his purchase, not the interest of the heir, Hurpersad, the Son of Gourpershad, but only the interest of his Widow, Chooharoo Kooer, which really was nothing, and that, therefore, Respondent was entitled to sell, in execution of his Decree, the interest of the heir. It appeared, that on the llth of November, 1858, the Respondent obtained a Decree against Gourpershad for Rs. 14,636 for arrears of rent, which Decree was affirmed by the Sudder Dewanny Court in 1861. Gourpershad died about that time. In the year 1862, the then Manager of the Durbhunga Raj brought a suit under Act, No*. X. of 1859, against Chooharoo Kooer, as the Mother and Guardian of Hurpersad, then a Minor, to recover Rs. 11,820. 15a. 7p. for arrears of rent due from the deceased Gourpershad in respect of lands held by him of the Durbhunga Raj. Chooharoo Kooer by her answer alleged, that Hurpersad had no interest in his Father's estate, as he had been adopted into another family, whose estate he had come into possession of, and that she was in possession of her Husband's estate. An issue having been raised on this point, the Collector held, that Hurpersad was exempted from liability as he had been adopted in another family, [607] and finding the amount of rent to have been due from Gourpershad to the Plaintiff (to whose position and rights the Appellant succeeded) decreed him the sum of Rs. 12,868. la. lOp. The Respondent having sought execution of his Decree against the Widow and Son of Gourpershad, Hurpersad objected to his being made personally liable, on the ground that no estate of his Father had come to him, and that all had come to the possession of Chooharoo Kooer, and the Principal Sudder Ameen of Tirhoot, on the 16th of May, 1863, sustained that objection. As neither of the Decree-holders could obtain satisfaction of their Decrees, the then Manager of the Durbhunga Raj, on the 13th of April, 1865, instituted a suit in the Court of the Principal Sudder Ameen of Tirhoot against Hurpersad, as Son and heir, and Chooharoo Kooer, as Widow of the deceased Gourpershad, and another, to establish his right to execute his rent Decree against the properties men- * Present: Members of the Judicial Committee,-The Right Hon. Sir James William Colvile, the Right Hon. the Lord Justice James, the Right Hon. Sir Montague Edward Smith, and the Right Hon. Sir Robert Porrett Collier. 912 V. MAHARAJAH COOMAR RAMAPTJT SING [1872] XIV MOORE IND. APP., 608 tioned in the plaint; and the Plaintiff sought to have it established that the properties against which he sought to execute his rent Decree formed part of the estate of Gourpershad, and were liable to satisfy that Decree. The Principal Sudder Ameen found that the properties in question had in...
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