Judgement

Appeal (No. 123 of 1928) from a decree of the Chief Court of Oudh (December 2, 1927) affirming a decree of the Additional Subordinate Judge of Fyzabad.

The question for determination in the appeal was whether by virtue of the Caste Disabilities Act, 1850, a Hindu in the province of Oudh has a right to inherit according to Hindu law the estate of a Shia Mahomedan who was descended from a Shia Mahomedan, but had become a convert to Islam in 1843.

The facts appear from the judgment of the Judicial Committee.

The Chief Court (Stuart C.J. and Wazir Hasan J.) by a joint judgment reported at I. L. R. 3 Luck. 155 held that upon the true construction of the Act it did not assist the plaintiff in his claim to succeed by Hindu law.

1930. June 30. Dunne K.C. and Wallach for the appellant referred to the cases mentioned in the present judgment, also to Rupa v. Sardar Mirza (( 1920) I. L. R. 1 Lah. 376.) and to Khunni Lal v. Gobind Krishna Narain. (( 1911) L. R. 38 I. A. 87.)

De Gruyther, K.C. and Dube for the respondents were not called upon.

The judgment of their Lordships was delivered by

LORD ATKIN. This is a case which involves a question of the inheritance of a property in Oudh,