Judgement

Appeal from a decree of the above Court (June 7,. 1899) reversing a decree of the Additional Civil Judge of Lucknow (April 29, 1896).

The appeal raised the right of succession to the taluqa of Birwa Mehnon, situate in the district of Gonda in Oudh, the last male owner of which was Bhaiya Pirthipal Singh. After the annexation of Oudh and the confiscation of all proprietary rights in the soil by the proclamation of March 15, 1858, the second summary settlement of this taluqa was made with him in February, 1859, and on the preparation of lists of taluqdars, as provided by Act I. of 1869, s. 8, his name was entered in lists 1 and

2. He died on November 3, 1859, and was succeeded by his widow Thakurain Sarfaraz Koer, who died on February 20, 1870, and was succeeded by her daughter Thakurain Brijraj Koer. The daughter died on February 23, 1879, and on her death the Deputy Commissioner of Gonda, by order dated February 27, 1879, placed her husband Lal Achal Ram , the appellant, in possession of the said taluqa.

Since then there has been constant litigation by members of the family of Pirthipal Singh to recover possession of the estate, and two judgments in regard to the successi