Judgement

Appeal (No. 48 of 1927) from a decree of the Chief Court of Oudh (March 22, 1926) affirming a decree of that Court in its original jurisdiction.

The appellants instituted a suit claiming to succeed to an Oudh taluqdari estate, in lists 1, 3 and 5 under Act I. of 1869, upon the death of the taluqdar in 1923 intestate and without sons. The deceased taluqdar was survived by a widow, the first defendant-respondent, who was in possession. The parties were Hindus governed by the Mitakshara. The deceased taluqdar had been adopted, according to Hindu law, by the preceding taluqdar, and had succeeded to the taluqa as an adopted son.

The appellants suit was based upon the contention that a natural brother of an adopted Hindu is a " brother" within the meaning of cl. 5 of the Oudh Estates Act, 1869, s. 22, as enacted by s. 14 of U. P. Act III. of 1910, and was consequently entitled to the estate in preference to the widow.

The facts appear from the judgment of the Judicial Committee.

The trial judge (Ashworth J.) rejected the above contention, and dismissed the suit. An appeal was dismissed by Stuart C.J. and Wazir Hasan J. The appeal is reported at I. L. R. 1 Luck. 233.

1927. Nov.