Judgement

Appeal (No. 40 of 1945) from a judgment and decree of the High Court (March 12, 1942) which reversed a judgment and decree of the Court of the Additional Subordinate Judge of Etah (July 31, 1935).

The main questions to be determined in this appeal were — (1.) Whether a registered partition award, dated January 8, 1921, created a valid charge in favour of the respondent, Sarla Devi, on the property (the two villages of Qazipur and Mai) allotted to her husband Nidhan Singh ; and (2.) whether Drigpal Singh, the predecessor in title of the appellant, Dan Koer, had notice (actual or constructive) of the said award and charge, when he took a usufructuary mortgage of the said two villages on the following day, January 9, 1921, wherein a reference was made to the said award.

The following facts are taken from the judgment of the Judicial Committee The pedigree of the family, so far as it was material to the case, was as follows —

RAJA LACHMAN SINGH

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Kanhaiya (r.) Mst. Kanabai = Drigpal Singh Kunwar =

(2.) Mst. Champa, (3.) Mst. Dan Kuer

Appellant.

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Daughter Daughter Nidhan Singh = Lakhan Jaswant Lokendra

brother of Mst. Sarla Singh Singh Singh.

Rajendra Devi. |

Ba