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![handle is hein.slavery/ssactsengr0621 and id is 1 raw text is: XIV MOORE IND. APP., 367 JOGENDRO DEB ROY KUT
[367] JOGENDRO DEB ROY KUT,-Appellant; FUNINDRO DEB ROY KUT,-
Respo-7aent * [Dec. 9, 1871].
On appeal from the High, Couqt at Fort William, Bengal.
A Rajah of an impartible Raj died, leaving children by various Wives and
Concubines. A suit for possession of the Raj was brought by one of the
Widows, on behalf of an infant, to set aside a summary Award, under
Act, No. XIX. of 1841, giving possession, and for possessior of the Raj.
This suit involved issues of legitimacy, and the validity of a particular
form of marriage of one of the members of the family. The Sudder Dewanny
Adawlut decreed in favour of the Plaintiff. Another suit was afterwards
brought by a member of the family, who was not a party to the former suit,
against the party in possession, which raised substantially the same issue
of legitimacy, and a further question of priority to succeed by reason of
the superior nature of the marriage of which the Plainitiff was the issue.
The Defendant pleaded the decree of the Sudder Court as a bar to the
suit. Held that the suit raised a different issue, and, acting upon Kanhyaj
Loll v. Radha Chwrn (7 W.R., 338), that the decree in a former suit was not
a judgment in rem, but a judgment inter partes.
The suit out of which this appeal arose was instituted by the Respondent for a
declaration of his right to certain real and personal estates, and to obtain pos-
session, with mesne profits. The question in the appeal was confined to the point,
whether a judgment of the late Sudder Dewanny Adawlut, dated the 8th of February,
1853, was a bar to the suit.
The facts were these:--
[368] Surbo Deb Roy Kut, Rajah of Julpilgooree, was the former proprietor of
the estate. He died in the month of January, 1848. He left numerous Wives,
Concubines, and several Sons, among whom were Mukurund Deb, whose Mother's
name was Jamoonee, and who was Father of the Appellant, and Rajendro Deb, a
Minor, whose Mother's name was Bissessuree. The Respondent, Funindro Deb Roy,
was born after the death of Surbo Deb Roy Kut, his Mother's name being Dhoolpee
or Rutnessurry.
On the death of Surbo Deli Roy Kut, disputes as to the succession arose, and the
name of the Minor, Rajendro Deb, was recorded in the Collectorate as the pro-
prietor of the estate, under protest from the Mukurund Deb, who, on the 15th of
April, 1848, made an application to the Judge of the Civil Court of the District,
under Act, No. XIX. of 1841, claiming his right to succeed, and alleging that pos-
session had been usurped by Bissessuree, as Guardian of the Minor, and that the
Minor had no lawful title to the Raj. On this application possession of the Raj
was awarded to Mukurund Deb. Thereupon Bissessuree, on behalf of her Son,
Rajendro Deb, and in conjunction with one Hurdeb Kooer, his Uncle, instituted a
suit against Mukurund Deb, in the Court of the Principal Sudder Ameen, praying
for possession of the movable and immovable properties, left by Surbo Deb Roy
Kut, on the ground that Rajendro Deb was the legitimate heir of his deceased
Father, while Mukurund Deb was the Son of a slave-girl. By the decision of the
Principal Sudder Aimneerl (Ahnud Buxsh) (dated the 8th of September, 1851), the
suit was decreed, and an Order granted under the Act, No. XIX. [369] of 1841, in
favour of Mukurund Deb was reversed, on the ground, that the legitimacy of the
Plaintiff was established, and that Mukurund Deb was the Son of a slave-girl.
Against this decision Mukurund Deb appealed to the Sudder Dewanny Adawlut,
and by a majority of the Court (Messrs. Dunbar, Mytton, and Mills, dissenting),
judgment was given in his favour, under which he retained possession of the
estate until his death.
Chundershekur Deb Roy Kut, the eldest Son of Mukurund Deb, succeeded his
* Present: Members of the Judicial Committee,-The Right Hon. Sir James
William Colvile, the Right Hon. Sir Montague Edward Smith, and the Right Hon.
Sir Robert Porrett Collier. Assessor,-The Right Hon. Sir Lawrence Peel.
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