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1946 Supreme(Mad) 162

LORD WRIGHT, LORD DU PARCQ, LORD MORTON, SIR JOHN BEAUMONT, LORD MACMILLAN
Thakur Jagannath Baksh Singh – Appellant
Versus
The United Provinces – Respondent


Advocates:
C.S. Rewcastle, K.C. and S. P. Khambatta for Appellant
J. Millard Tucker, K.C. and W. Wallach for Respondent.

Lord Wright.-The appellant, who is the taluqdar of Bhawanshahpur, brought his action in the Court of the Civil Judge, Sultanpur, Oudh, claiming a declaration that the United Provinces Tenancy Act, 1939, is either ultra vires or not intra vires of the Provincial Legislature, either in its entirety or at least as regards the provisions, about 42 in number, scheduled to the complaint. His claim failed before the Judge; he then appealed to the Federal Court of India, which dismissed the appeal but granted leave to appeal to this Board.1

The appellant is the direct descendant of Babu Sitla Baksh Singh, who was grantee of a Sanad from the Governor-General after the Indian Mutiny of 1857. By this Sanad the Crown granted to the appellant’s predecessor in title the full proprietary rights, the permanent heritable and transferable rights in the ancestral estate which were confirmed by the Oudh Estates Act (No. I of 1869). That Act contains entries of the name of the appellant’s predecessor in lists I and II of the lists prepared under section 8 of the Act, the numbers of the entries being No. 241 and No. 108. List No. 1 contains a list of all persons who are to be considered taluqdars within



























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