Judgement

Appeal from a judgment and decree of the Court of the Judicial Commissioner of Oudh (August 4, 1913) reversing a decree of the Subordinate Judge of Sultanpur.

At the annexation of Oudh the taluqa of Deogaon was in the possession of one Jamshed Ali Khan. The British Government made a summary settlement with him in December, 1858, and on October 17, 1861, conferred upon him a primogeniture sanad. His name was afterwards included in lists 1 and 2 of the lists prepared under s. 8 of the Oudh Estates Act, 1869. He died in 1865, and was succeeded by his son Azam Ali Khan. Azam Ali Khan died in 1899 leaving two sons, Mustafa Ali Khan and

29 Law. Rep. 43 Ind. App. 269 ( 1915- 1916) Murtaza Husain Khan V. Mahomed Yasin Ali Khan

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Murtaza Husain Khan (the appellant), and two daughters. It was agreed by the parties that daughters were excluded from succession by the family custom.

Mustafa Ali Khan succeeded to the taluqa under the sanad, and also obtained possession of all the non-taluqdari property of his father. He remained in possession until 1909, when he died and was succeeded by his only son, Yasin Ali Khan (the respondent). The family had been Mahomedan for many generations