Judgement

Appeal from a decree of the above Court (March 6, 1900) modifying a decree of the Subordinate Judge of Partabghur (Dec. 24, 1898), which dismissed the respondents suit with costs.

The subject of suit was (inter alia) the right to succeed to a nine-twentieths share in the taluqa of Raepur Bichore, the last male owner of which was Rae Bisheshar Bakhsh Singh, who died on August 31, 1890.

After the annexation of the Province of Oudh, the estate of Raepur Bichore was summarily settled with Rae Pirthipal Singh, the father of Rae Bisheshar Bakhsh Singh and the grandfather of the respondent. He was the owner of the estate at the time, and after the confiscation of all proprietary rights in the soil of Oudh, which was effected by the pro clamation of the Viceroy and Governor-General of India in March, 1858, obtained a taluqdari sanad, or title-deed, from Government.

On January 22, 1866; Rae Pirthipal Singh devised eleven-twentieths of the said taluqa to the wife of Rae Jagmohan Singh, his eldest son, and half-brother to Bisheshar, for the benefit of Rae Jagmohan Singh, who was suffering from mental infirmity. The remaining nine-twentieths share he devised to Rae Bisheshar Baksh Si