Judgement

Appeal from a decree of the above Court (July 5, 1907) reversing a decree of the Subordinate Judge of Tahsil Biswan District, Sitapur (September 13, 1906).

The suit was brought by the respondent as the heir of his cousin, Raghuraj Singh, for possession of the estate left by him. The estate consisted of the taluq of Rajpur and other lands, of which the appellant had obtained possession on the death of the widow of Raghuraj Singh.

The Subordinate Judge held that the respondent was not entitled to inherit any part of the estate and dismissed his suit. The Court of the Judicial Commissioner, on appeal, reversed this decision as to the taluq of Rajpur, but affirmed it as to the rest of the estate.

In 1860 the taluq of Rajpur was granted by Government to the said Raghuraj Singh under a sanad which contained the following provision —" It is another condition of this grant that, in the event of your dying intestate, or any of your successors dying intestate, the estate shall descend to the nearest male heir, according to the rule of primogeniture." The name of Raghuraj Singh was entered in the first and fifth of the lists mentioned in the Oudh Estates Act, 1869, s. 8. Raghuraj Si