Judgement

Appeal from a decree of the Judicial Commissioner of Oudh (Oct. 7, 1895) affirming a decree of the District Judge of Lucknow (May 1, 1893).

The suit was brought to establish that, under the circumstances stated in their Lordships judgment, one Hakim Karam Ali, who was recognised as talookdar of Goothia by the British Government after the Mutiny and with whom a settlement was made, had undertaken to hold the talook in trust for himself and his cousins, who are represented by the present appellants. Both Courts decided that there was at the date of suit no subsisting trust.

The District Judge held that Karam Ali accepted a con ditional trust on Sadik Husains behalf when the three years summary settlement was made with him, but that Sadik Husain had not proved that he fulfilled or obtained a waiver of the conditions on the fulfilment of which his admission to the enjoyment of a proprietary share in the estate depended.

The view which prevailed with the Judicial Commissioners Court was that the settlement authorities at the time of settlement virtually said to Karam Ali as follows " We settle the whole estate with you; but you must not understand that because we do so your co