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1879 Supreme(SC) 1

SIR ROBERT P.COLLIER, SIR BARNES PEACOCK, SIR MONTAGUE EDWARD SMITH
NAWAB MALKA JAHAN SAHIBA – Appellant
Versus
DEPUTY COMMISSIONER OF LUCKNOW DEFENDANT IN CHARGE OF THE NAZUL DEPARTMENT – Respondent


Advocates:
Solicitors for the Appellant: Watkins & Lattey.
Solicitor for the Respondent: The Solicitor of India Office.

Judgement

APPEAL from a decree of the Judicial Commissioner of Oudh (Jan. 4, 1876), which confirmed a decree of the Commissioners of Lucknow (May 1, 1875), who reversed the original decree of the Civil Court of Lucknow (Jan. 8, 1875), whereby the Plaintiffs suit was decreed.

In the Hijri years corresponding to 1839 and 1840, the then King of Oudh, Mahomed All Shah, executed to the Appellant, his wife, four several " farmans " or grants, by which he conferred upon her u and her descendants in perpetuity, generation after generation," the properties in suit, as well as some other properties, consisting of certain Government palaces and buildings in Lucknow, called a baradari, serai, &c, of considerable extent and value. There was no question as to the genuineness of those farmans, which were admitted in Court by the Government pleader in the course of the case, and there under the Appellant was and continued in undisturbed possession of the subjects of those grants down to the year 1858, her right thereto not having been questioned by the successor of her husband on the throne, nor by the British authorities upon the first annexation of the province of Oudh.

Law. Rep. 6 Ind. App. 63
























































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