Judgement

Appeal (No. 70 of 1944) by leave of the Federal Court of India from a judgment and order of that court (April 22, 1943), which had affirmed a decree of the Chief Court of Oudh at Lucknow (April 9, 1942).

The appellant was a taluqdar of Oudh whose predecessor, Babu Sitla Baksh Singh, after the Indian Mutiny of 1857 had obtained a sanad from the Governor-General conferring oh him " the full proprietary rights, title and possession of the estate " of Bhawanshapur " in the taluqa Bhawanshapur in the Province of Oudh. In the action out of which this appeal arose the appellant claimed a declaration that the United Provinces Tenancy Act (U. P. Act XVII of 1939), which legislated in respect of agricultural tenancies on matters within the competence of the Provincial legislature under item 21 of list II of the 7th sch. to the Government of India Act, 1935, and which it was conceded did undoubtedly cut down the absolute rights of the taluqdars of Oudh comprised in the grants evidenced by the sanads given by the Crown to their predecessors in title, was ultra vires the Provincial legislature. The respondent contended that the impugned Act was validly enacted.

The Chief Court of Oudh