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Issues Involved:
1. Validity of the Will of Raj Ballav Seal. 2. Authority of Mati Dassi to make a second adoption. 3. Title to the four anna share of Raj Ballav's estate. 4. Binding nature of the compromise decree of 1907. 5. Res judicata effect of the Privy Council judgment in the 1928 land acquisition case. 6. Rights of the mortgagees (Dasses) against Rajlakshmi. 7. Limitation and adverse possession claims by the Sens. Issue-wise Detailed Analysis: 1. Validity of the Will of Raj Ballav Seal: The court examined the will executed by Raj Ballav Seal on June 8, 1870, which authorized his widow Mati Dassi to adopt a son and provided elaborate instructions for the administration and distribution of his estate. The will's validity was challenged multiple times, but the court ultimately upheld it, ruling that Raj Ballav did not die intestate. 2. Authority of Mati Dassi to Make a Second Adoption: The court addressed whether Mati Dassi had the authority to adopt a second son after the death of the first adopted son, Jogendra Nath Seal. The trial court initially dismissed Amulya Charan Seal's suit, ruling that the first adopted son had acquired an absolute right to the estate, leaving no authority for a second adoption. This decision was affirmed on appeal, establishing that Mati Dassi had no authority to adopt Amulya Charan. 3. Title to the Four Anna Share of Raj Ballav's Estate: The primary issue was the title to the four anna share of the estate, which was allotted to the Sens under a compromise decree in 1907. The Privy Council in the 1928 land acquisition case ruled that Rajlakshmi was entitled to the entire estate, including the four anna share, nullifying the Sens' claim. The court held that the decision of the Privy Council was binding and operated as res judicata, preventing the Sens from re-litigating the issue. 4. Binding Nature of the Compromise Decree of 1907: The compromise decree of 1907, which partitioned the estate among Katyayani, her father Kanai, and the Sens, was challenged by Rajlakshmi. The High Court in 1910 declared the compromise decree void and inoperative against Rajlakshmi, establishing that she was not bound by the partition proceedings, which was later affirmed by the Privy Council. 5. Res Judicata Effect of the Privy Council Judgment in the 1928 Land Acquisition Case: The Privy Council's judgment in the 1928 land acquisition case was pivotal. It held that Rajlakshmi was entitled to the entire compensation money, effectively determining the title to the four anna share of the estate. The court ruled that this decision operated as res judicata, barring the Sens and the mortgagees from contesting Rajlakshmi's title to the estate. 6. Rights of the Mortgagees (Dasses) Against Rajlakshmi: The Dasses, as mortgagees, claimed a right to the compensation money and the four anna share of the estate. The court held that the mortgagees were bound by the Privy Council's decision, which nullified the Sens' title. Consequently, the Dasses had no lien on the four anna share, and their claim to the compensation money was dismissed. 7. Limitation and Adverse Possession Claims by the Sens: The Sens claimed adverse possession and limitation, arguing that Rajlakshmi's suit was time-barred. The court rejected these claims, noting that the Sens' possession during Katyayani's lifetime could not confer title against Rajlakshmi, the next reversioner. The court affirmed that Rajlakshmi's title to the estate arose only upon Katyayani's death, making her suit timely. Conclusion: The court dismissed the appeal by the Sens (Appeal No. 111 of 1951) and allowed Rajlakshmi's appeal against the mortgagees (Appeal No. 110 of 1951). It decreed Rajlakshmi's title to the property and ordered the defendants to deliver possession to her, along with an inquiry into mesne profits. The judgment aimed to conclude the protracted litigation over Raj Ballav's estate, emphasizing the finality of the Privy Council's decision.
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