Judgement

Appeal from a decree of the Judicial Commissioner (March 30, 1891) reversing a decree of the District Judge of Fyzabad (Nov. 12, 1888).

The broad question raised by the appeal was whether the appellant was entitled to any and what right in two villages, the subject-matter of the suit, forming part of the talook of Bhinga, whereof the respondent was proprietor or talookdar within the meaning of the Oudh Estates Act (I. of 1869).

It was an admitted fact that the whole property constituting the Bhinga talookdari estate, including the villages in suit, had been confiscated by Lord Cannings proclamation of March, 1858, and had been granted to the Rajah of Bhinga, and before suit belonged to the respondent, who held a sanad for the same, including the two villages Sochouli (including Basthanwa) and Gutwa, which were in dispute.

The appellant and respondent were lineal male descendants of Rajah Sheo Singh. The former was his great grandson in the younger line, through his son Umrao and grandson Jabraj. The latter was in the elder line.

The claim of the appellant was to hold the villages in dispute on a permanent hereditary tenure, not only rent free but Government revenue free.