SHYAM SUNDER PRASAD SINGH & ORS. versus STATE OF BIHAR & ORS .

Citation: [1981] 1 S.C.R. 1 · Decided: 22-07-1980 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Dismissed

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Judgment (excerpt)

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SHYAM SUNDER PRASAD SINGH & ORS. 
v. 
STATE OF BIHAR & ORS . 
July 22, 1980 
(P. N. BHAGWATI, A. P. SEN AND E. S. VENKATARAML4.H, JJ.] 
Hindu Law--lnterpretation of ancient texts of Smritis and commentaries 
on Hi11du Law, care to be taken-"Putrika Putra" (appointed daughter's son who 
by agreement or adoption becomes the so11 of the father), practice of-
Applicability in Benaras and Mithila schools of law during the time of Raja 
Dhrub Singh-Whether the said practice was permissible by th'e Mitakshara 
law--Rule of desuetude or obsolescence, explained. 
Raja Ugra Sen, who was governed by the Benaras School of Mitakshara 
law established "Bettiah Raj" in or about the middle of 17th century. 
It was 
known as Riyasat of Sirkar Champaran consisting of four Perghunnas known 
as Majhwa, Simrown, Babra and Maihsi and an impartible estate. 
After the 
death of his great grand son, Raia Dhrub Singh dying issueless in 1762, Raja 
Jugal Kishore Singh, son of Raja Dhrub Singh's daughter Benga Babui, entered 
into possession of the estate· of "Bettiah Raj". 
The East India Company 
officers seized the estate from him and later allotted only the zamindari of 
Majhwa and Simrown, while those of Maihsi and Babra were allotted to 
Srikishen Singh and Abdhoot Singh. 
The last male holder of Raja Jugal Kishore 
Singh was Maharaja Bahadur Narendra Kishore Singh who died issueless on 
March 26, 1893, leaving behind him two widows Maharani Sheo Ratna Kuer 
and Maharani Janld Kuer, who .succeeded him one after the other. 
During 
the lifetime of Maharani Sheo Ratna Kuer, two suits were filed claiming the 
estate but they were lost in all courts including the Priry Council. 
In 1897, the 
management of the estate was taken over by the court of Wards Bihar and 
the Government of Uttar Pradesh in respect of the areas falling in these two 
States. 
Maharani Janki Kuer died on November 27, 1954. 
The State of Bihar, 
therefore, made an application ,before the Board of ReYenue, Bihar, praying that 
the estate of Maharaja Narendrn Singh which was held by late Maharnni Janki 
Kuer as a limited owner hut managed by the Court of Wards be handed over to 
the State of Bihar by Yirtue of the rule of escheat. 
The Board of Revenue pub-
lished a Notification calling upon interested parties to prefer the claim, if any, 
to the properties comprised in the estate. 
Since there were several claimants 
taking inconsistent pleas, the Board of Revenue declined to release the estate 
in favour ·of any of the claimants and as per its order dated January 18, 1955 
direct.ed that the properties would be retained by the Court of Wards until 
the dispute as to its succession was determined by competent Civil Court. 'The 
title suit having been lost. the appellants have come up in appeals by certificate. 
The State of Bihar which clairhed title by the rule of escheat also preferred 
appeals .. ' 
Dismissing Civil Appeals Nos. 114-119 of 1976, the Court 
HELD: (1) While interpreting the ancient .texts of Smritis and commentaries 
on Hindu Dharmasastra, it, should be borne in mind the dynamic role played 
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by learned commentators who were like Roman Juris Consults. 
The 
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SUPREME COURT REPORTS 
[1981] 1 S.C.R. 
commentato.rs .tried to interpret the texts so as to bring them in conformity 
with the prevailing conditions in the contemporary society. 
That such was 
the role of a commentator is clear even from the Mitakshara itself at least in 
two places-first, on the point of allotment of a larger share at a partition to 
the eldest son and secondly on the question of right of inheritance of all agnates. 
[56F-H} 
(2) Etymologically, the word 'putrika' means a daughter (especially a 
daughter appointed to raise male issue to be adopted by a father who has no 
sons), and 'putrika-putra' means a daughter's son who by agreement or adoption 
becomes the son of her father [20C-D] 
A careful reading of the ancient texts-Mann, Yajnavalkya, (Mitakshara) 
(Vijnanesvara) and Apararka (Aparaditya) Baudhayana Dharmasutra, Vishnt1 
Dharmasastra, Vasishtha Dharmasutra, Parasara Madhava, Smriti Chandrika cf 
Devannabhatta, Dattaka-Chandrika and Dattaka Mimansa by Nanda Pandita-
leads to the inference that the institution of "Putrika Putra" had become obsolete 
and not recognised by Hindu society for several centuries prior to the time when 
Smriti-Chandrika or Dattaka Chandrika were written and these two commentaries 
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belong to a per

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