MOHAMMAD ABDUL GHANI KHAN Vs. FAKHR JAHAN BEGAM

JUDGEMENT

(1.) THESE are consolidated appeals by the plaintiffs from two decrees, dated December 19, 1917, of the Court of the Judicial Commissioner of Oudh, which reversed the decree, dated July 13, 1915, of the Subordinate Judge of Kheri, and dismissed the suit.

(2.) THE suit was brought on February 20, 1914, in the Court of the Subordinate Judge by Mohammad Abdul Ghani Khan and Mohammad Abdul Rahman Khan against Mohammad Hamid Ullah Khan, Musammat Fakhr Jahan Begam, Musammat Asghari Begam, Musammat Chand Bibi and Pandit Sheo Dayal, for the possession of Mauza Mundia Misir, a four annas five pies share in Mauza Gundhia, and two groves, a house and certain sir land in Jalalpur, and for mesne profits. It was a suit of ejectment on title. THE plaintiffs alleged that the right to possession of all the properties in suit was in them as the heirs of Musammat Munni Bibi, who had died on the June 16, 1906, and that the defendants had no title. THE defendants, who are the respondents, were not all jointly interested in any of the properties. Some of the defendants were in possession of some of the properties, others of the defendants were in possession of other parts of the properties in suit, but the different titles of all the defendants originated in a document of March 7, 1884, which was executed by Munni Bibi, and has been variously construed as a deed of gift and as a will.

(3.) THE British Government granted to Niamat Ullah Nhan in his lifetime a primogeniture Sanad in which the Taluqa Buzurg is described as the estate of Jalalpur in Zillah Mohamdi. That Sanad is as follows: C. WINGFIELD, Chief Commissioner of Oudh. To NIAMAT ULLAH OF JALALPUR. Know all men that whereas by the Proclamation ofMarch, 1858, by. His Excellency the Right Honourable theViceroy and Governor-General of India all proprietary rightsin the soil of Oudh, with a few special exceptions, wereconfiscated and passed to the British Government, which becamefree to dispose of them as it pleased, I, Charles JohnWingfield, Chief Commissioner of Oudh, under the authority ofHis Excellency the Governor-General of India in Council, dohereby confer on you the full proprietary right, title andpossession of the estate of Jalalpur in Zillah Mohamdiconsisting of the villages as per list attached to the Kabuliat you have executed, of which the present Governmentrevenue is Rs. 5, 752 (five thousand seven hundred and fiftytwo). THErefore this sanad is given you in order that it may be known to all whom it may concern, that the above estate has been conferred upon you and your heirs for ever, subject to the payment of such annual revenue as may from time to time be imposed, and to the conditions of surrendering all arms, destroying all forts, preventing and reporting crime, rendering any service you may be called upon to perform and of showing constant good faith, loyalty, zeal and attachment to the British Government according to the provisions of the engagement which you have executed, the breach of any one of which at any time shall be held to annul the right and title now conferred on you and your heirs. It is another condition of this grant that in the event of your dying intestate, or of any of your successors dying intestate, the estate shall descend to the male heir, according to the rule of primogeniture, but you and all your successors shall have full power to alienate the estate either in whole or in part by sale, mortgage, gift, bequest, or adoption to whomsover you please. It is also a condition of this grant that you will so far asis in your power promote the agricultural prosperity of yourestate, and that all holding under you shall be secured inthe possession of all the subordinate rights they formerlyenjoyed. As long as the above obligations are observed by youand your heirs in good faith so long will the BritishGovernment maintain you and your heirs as proprietors of theabove-mentioned estate, in confirmation of which I herewithattach my seal and signature.