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1969 Supreme(SC) 217

G.K.MITTER, J.C.SHAH, V.RAMASWAMI
Raj Kumar Mohan Singh – Appellant
Versus
Raj Kumar Pasupathinath Saran Singh – Respondent


Advocates:
For the Appellant :Mr. U.K. Jalali, Sr. Advocate with Ms. Shivani Jalali, Advocate, Mr. R.K. Gupta, Sr. Advocate with Mr. Prem Sadotra, Advocate.
For the Respondent:Mr. Sachin Dogra, Advocate.

Judgment

SHAH, J. :- By our judgment dated April 19, 1968, we passed the following order in this appeal:

"It will be declared that the deed of trust executed by Raja Bishwanath on August 29, 1932, did not operate to settle any property being part of the taluqdari estate and governed by the Oudh Estates Act 1 of 1869, for the purposes specified therein."

The Senior Raj Kumar applied for review of judgment on the ground that the deed of trust dated August 20, 1932, settled properties as non-taluqdari as well as taluqdari and the Court at the earlier hearing did not make any order as to the devolution of the non-taluqdari property. Apparently at the earlier hearing no argument on the matter now sought to be raised was advanced, though the hearing lasted for several days. We have, however, granted review of judgment and heard the parties on the question whether a different rule of devolution prevails in respect of properties which are non-taluqdari.

2. We have held that on the death of Raja Surpal Singh the taluqdari estate of Tiloi vested in Rani Jagannath Kaur, and she continued to hold the property as life owner under Section 22 (7) of the Oudh Estates Act, even after she adopted Raja B
















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