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1944 Supreme(All) 25

BENNETT, MADELEY
Jitendra Mohan Singh – Appellant
Versus
Thakurain Bindbasni Kunwar – Respondent


Advocates appeared:
Faiyaz Ali, For the Appellant / H.H. Zaidi, Siraj Husain and Ali Zaheer, For the Respondent

JUDGMENT

Bennett and Madeley, JJ. - This is an appeal against an order u/s 47 Code of Civil Procedure

2. The facts of the case are that Babu Narendra Bahadur Singh, the husband of the decree-holder was the owner of the immoveable in question as Taluqdar of Hanswar estate. On his death on the 4th February, 1936, there were three claimants to his estate which included much other property besides the property now in dispute. The decree holder claimed the entire property as his widow. The Defendant judgment-debtor, who is the nephew of the deceased, claimed to be his sole heir under the Oudh Estates Act. Deceased brother claimed the property on the ground that he and the deceased were members of an undivided Hindu family. He also set up a custom. All the three claimants made separate applications for mutation. During the pendency of these proceedings the decree-holder and the judgment-debtor entered into a family settlement by way of compromise. The decree-holder admitted that the judgment debtor was the sole owner of the estate and the judgment-debtor agreed to pay to the decree-holder Rs. 12,000 per annum during her life-time. She was not to receive this in cash, but the judgment-debto

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