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1945 Supreme(All) 200

KAUL, MISRA
Mst. Prem Jagat Kuar – Appellant
Versus
Harihar Bakhsh Singh – Respondent


Advocates appeared:
M. Wasims-Applicants, For the Appellant / K.P. Misra and C.N. Harkauli for Respondent-Opposite-party No. 1, For the Respondent

JUDGMENT

Misra and Kanl, JJ. - This is a Plaintiff's appeal against a judgment and decree dated the 19th of April, 1940, passed by the Additional Civil Judge, Sitapur. The suit in the Court below was brought by Tirbeni Bakhsh Singh, husband of Appellant No. 1, and the remaining Appellants for possession of a zamindari in Sitapur district known as Sakran estate, a house in Sitapur town for mesne profits. Tirbeni Bakhsh Singh died since the suit was instituted and the name of his widow, Mst. Prem Jagat Kuer, was brought on the record as his legal representative. The Appellants claimed the suit property as reversioners of one Jangli Bakhsh on the death of his daughter, who had succeeded to the ilaqa without leaving any issue.

2. In order to appreciate the points that arise for determination in this appeal it is necessary to give a brief history of the devolution of this ilaqa since the advent of British rule in Oudh. The following pedigree which was set out in the plaint will give the relationship of the parties to the original owner of Sakran estate:

3. Partab Bali Singh was the head of the family to which the Appellants claimed to belong. In pre-British days he held a fabulist for two

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