REX Vs. MOHD ETIZAD RASUL KHAN

JUDGEMENT

(1.) THESE contempt proceedings are closely connected with Jehangirabad Taluqa case which is being tried in the Court of the learned Civil Judge, Lucknow.

(2.) THE late Maharaja of Jehangirabad. Sir Ejaz Easul Khan died on 21-5-1947. The plaintiff Kr. Shaikh Mohammad Etizad Easul Khan is the owner of Taluqa Rasulpur in his own rights. He is also the nephew of the late Maharaja and claims to be the preferential heir to the estate of jehangirabad as against the minor defendants Jamal Rasul and Irran Easul, who claimed to be late Taluqdar's sons from his second wife Maharani Zubeda Khatoon. The late Maharaja executed a registered deed of gift in favour of Jamal Rasul in 1944 and transferred to him thereby a number of villages of which he gave possession, and mutation in respect of which was made shortly thereafter. Later, on 1-4-1945 he bequeathed his entire movable and immovable property to the minors describing both as his legitimate sons and heirs, The will was deposited with the District Registrar and was registered after the late Taluqdar's death on 23-5-1947.

(3.) ON the date of death of Maharaja Sir Ejaz Easul Khan, the Court of Wards took possession of the estate on behalf of the two minors under Section 14, and mutation of names was effected in their favour at the instance of the Court of Wards on 30-9-1947 without any objections from the plaintiff or anyone else. The succession dispute between Kr. Shaikh Mohammad Etizad Easul khan and the two minors came to a head in 1948. The Taluqa suit for possession was instituted on the 16th of March of that year while the Court of Wards was still in charge. The estate was released in favour of the minors on 1-6-1948. There was already a committee of guardians appointed by the will of the late Maharaja. That committee was entrusted formally with the guardianship of the minors by the District Judge, Bara Banki.