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Issues Involved
1. Nature of the Raja's property (ancestral or self-acquired). 2. Validity and interpretation of the Raja's three wills. 3. Adoption of the respondent and its legal implications. 4. Alleged agreement between the Raja and the respondent's natural father. 5. Respondent's claim to ownership and right to possession of the property. 6. Limitation period applicable to the respondent's suit. 7. Validity of the mokarari lease executed by the Raja. Detailed Analysis 1. Nature of the Raja's Property The primary issue was whether the property owned by Raja Mohun Bikram Shah was ancestral or self-acquired. The courts in India had determined that the property was not ancestral, and the Privy Council upheld this conclusion. The Raja had full disposing power over his property. 2. Validity and Interpretation of the Raja's Three Wills - First Will (12th October 1901): It provided that if the Raja did not have a natural or adopted son at the time of his death, his wife, Rani Chhatra Kumari Devi, would have the power to adopt a boy from his family, who would then inherit the property. - Second Will (26th May 1903): This will was executed when the Raja was contemplating the adoption of the respondent. It devised the entire estate to the respondent, Mohan Bikram Shah, provided the Raja did not have a natural son. - Third Will (25th May 1901): This will revoked the second will and revived the first will, making Rani Chhatra Kumari Devi the proprietress of the estate with the power to adopt a son if the Raja did not have a natural son. The Privy Council concluded that the third will, which revived the first will, was valid. The first will, when revived by the third, spoke as at the date of its revival, and thus any adoption mentioned in it referred to a son adopted after that date. 3. Adoption of the Respondent and Its Legal Implications The adoption of the respondent, Mohan Bikram Shah, was found to be duly made on 31st May 1903. However, the Privy Council held that the second will, which purported to devise the estate to the respondent, was testamentary and not a conveyance in praesenti. Therefore, the respondent did not acquire ownership of the property through adoption alone. 4. Alleged Agreement Between the Raja and the Respondent's Natural Father The respondent claimed that there was an agreement made in December 1902, where the Raja promised to convey all his properties to the respondent upon his death. The Privy Council found that no such agreement was proved. The evidence did not support the existence of an agreement that the Raja would not revoke the second will. 5. Respondent's Claim to Ownership and Right to Possession of the Property The respondent's claim to ownership was based on several grounds, including the ancestral nature of the property, the second will as a conveyance, and the alleged agreement. The Privy Council rejected all these contentions. The property was not ancestral, the second will was testamentary, and no binding agreement was proved. Therefore, the respondent was not the owner of the property. 6. Limitation Period Applicable to the Respondent's Suit The respondent's suit was filed within 12 years of the Raja's death, under Article 144, Schedule 1, Limitation Act, 1908. However, the Privy Council held that this article applies to possessory suits by the owner against a person holding adversely without title. Since the respondent was not the owner, his suit was not within time. 7. Validity of the Mokarari Lease Executed by the Raja The validity of the mokarari lease executed by the Raja in favor of Rani Chhatra Kumari Devi was dependent on the larger question of title. Since the respondent was not the owner, the lease was valid. Conclusion The Privy Council concluded that the respondent had no right to the properties in possession of the appellant. The respondent's suit (No. 34 of 1921) was dismissed, and the appellant's rent suit (No. 4 of 1923) was decreed in her favor. The costs of the appellant were to be paid out of the deceased Raja's estate, while the respondent had to bear his own costs and those of all other parties.
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