MATA PARSAD Vs. NAGESHAR SAHAI

JUDGEMENT

(1.) THIS litigation relates to two properties named respectively Baragawn and Wali, one situated in the district of Hardoi and the other in Kheri, in the province of Oudh. Both belonged to one Raja Fateh Chand who died in 1873. After the annexation of Oudh they were re-granted to Fateh Chand and his name was included with regard to the Hardoi property under List II and in respect of the Kheri property under List v. prepared under Act I of 1869 (the Oudh Estates Act). To these Lists reference will be made more particularly later on in this judgment.

(2.) THE following genealogical table will explain the position of the parties in this case : Ram Sewak Ram ||----------------|-----------------| 11,1887)= Ram Dhah Lal Pram Dhan Lal Nar in Dhan Lal Chand |Gulab Rai ||-----------------| |Rajah Fateh October)Chand | Majlis Rai Dhanpat Rai (died Naubat Rai | | 4,1873)| | Raja Durga Prasad |Kanhaiya Lal |------------|----------| || Malik Tikait Chandika || Chand Rai Prasad || | |------------|| | Amir Chand Wazir Nov. | Janki Prasad (died Sept. (died | 26,1887) |----------|------------| || Madho Mata Prasad Kesho Prasad | Rani Chandra Kaur (widow)Prasad Plaintiff No.1 | (diedMarch) |19,1915) | Kuar Narindra Bahadur (died June 18,1905)= |Musammat Jagrani Kuar(widow) (died August 1,1917| Nageshwar Sahai(defendant respondentNo. 1) Claiming to be the adoptedson.

(3.) AMIR Chand, the eldest son of Fateh Ohand, had died two months earlier, vis?., on September 26, 1887; as the will in his case did not require registration the devise in his favour was valid in law and operative.