Natabar Parichha And Ors. vs Nimai Charan Misra And Ors. on 9 March, 1951 – Case Summary

In the case of Natabar Parichha And Ors. vs Nimai Charan Misra And Ors., the Orissa High Court delivered its judgment on 9 March, 1951. The case revolved around the dispute over the inheritance of property originally owned by Lokanath Parichha, who passed away in 1895. He left behind three daughters from his first wife and a son, Satyanand, from his second wife, Haripriya. After the death of Satyanand, Haripriya inherited the property as a limited owner. However, the Hindu Law of Inheritance underwent significant changes during her 40-year tenure, leading to the litigation at hand.

Facts of the Case

Lokanath Parichha’s property was the subject of dispute. The plaintiffs claimed to be the step-sisters’ sons of the last male-holder, Satyanand, and thus entitled to succeed to his property, in preference to the appellants who were the agnates of Satyanand. The appellants, however, contested the plaintiffs’ claim, arguing that the plaintiffs were not the sons of any of Lokanath’s daughters. The appellants also disputed the name of Lokanath’s first wife and the names of his two remaining daughters.

Issues

The primary issue was whether the plaintiffs were the first wife’s daughters’ sons of Lokanath or if they were falsely claiming such a relationship. The parties disagreed on the name of Lokanath’s first wife and the names of his two remaining daughters. The case hinged on the interpretation of the Hindu Law of Inheritance (Amendment) Act of 1929, which elevated the status of a sister and a sister’s son in the order of Mitakshara succession.

Court’s Observations

The court examined a pedigree filed in 1917 by one Satyabadi, who claimed to be a step-sister’s son of Lokanath. The court found this pedigree to be the most decisive piece of evidence in favor of the plaintiffs. The court also examined the oral evidence provided by the plaintiffs’ witnesses. The court concluded that the pedigree and the oral evidence strongly supported the plaintiffs’ claim to the property.

The court also discussed the admissibility and weight of the 1917 pedigree under Section 32(5) of the Evidence Act. The court concluded that the pedigree was admissible and carried significant weight, as it was filed before any dispute had arisen about the existence of daughters’ sons through the first wife of Lokanath.

In conclusion, the court ruled in favor of the plaintiffs, recognizing their claim to the property as the step-sisters’ sons of the last male-holder, Satyanand. The court’s decision was based on the interpretation of the Hindu Law of Inheritance (Amendment) Act of 1929 and the evidence presented by the plaintiffs.