Judgement

Appeal and Cross-appeal from a judgment and decree of the Court of the Judicial Commissioner (March 4, 1907) and connected appeal from a judgment and decree of that

Law Rep. 45 Ind. App. 134 ( 1917- 1918) Rajindra Bahadur Singh V. Rani Raghubans Kunwar 47

Court (January 21, 1909), each of the said decrees varying reports of the Subordinate Judge of Sitapur.

The present appeals were as to the effect, in the circumstances of the case, of an Order in Council made in 1905 upon an appeal (( 1905) L. R. 32 1. A. 203.) to the Privy Council in the suit. The facts, including the terms of the Order, appear from the judgment of their Lordships.

In the arguments reliance was placed upon the further facts that the name of the taluqdar had been entered in lists 1 and 2 prepared under the Oudh Estates Act (I. of 1869) and that the property purchased by the deceased taluqdar had been purchased out of income derived from the taluqa.

The Court of the Judicial Commissioner remitted the matter to the Subordinate Judge for inquiry and report. A certified copy of the sanad of 1861 was in evidence, but there was no list of the villages included in it; the chief source of information on that poi