Judgment

WANCHOO, J. : (On behalf Of Gajendragadkar J. and himself). This is a defendant s appeal on a certificate granted by the Allahabad High Court. The suit was brought by Thakur Sabir Ali plaintiff-respondent for possession. The following pedigree-table omitting the unnecessary names) which is not in dispute, may be set out to appreciate the case of the plaintiff:

The case of the plaintiff was that Thakur Amir Baksh owned considerable properly known as Tipraha Estate in the district of Bahraich at the time of the annexation of Oudh. He died in 1857 and was succeeded by his son Thakur Faten Mohd., who was subsequently recognised by the Government as the talukdar of the Tipraha Estate. Thakur Fatch Mohd. died issueless and on his death Thakur Nabi Baksh succeeded him as the talukdar under the family custom and under the provisions of the Oudh Estates Act, No. 1 of 1869, (hereinafter called the Act), On the death of Thakur Nabi Baksh the estate passed to his only son Asghar Ali. who in his life time acquired certain other properties which were, both talukdari and non-talukdari in nature. In August 1925 Thakur Asghar-Ali executed a deed of wakf-alal-aulad by means of which he create