KUNWAR BASANT SINGH Vs. KUNWAR BRIJRAJ SARAN SINGH

JUDGEMENT

(1.) THESE are consolidated appeals from four decrees of the High Court of Judicature at Allahabad, dated January 16, 1929, which substantially reversed a decree of the Additional Subordinate Judge of Meerut, dated March 2, 1925.

(2.) THE property in suit is the Sahanpur estate, situated in the District of Meerut, and the last male holder was Kunwar Khushal Singh, a Hindu Jat, who died on August 6, 1879, leaving surviving him a widow, Rani Raghu-bir Kunwar, who died on November 24, 1920. THE present suit was instituted on May 1, 1923.

(3.) KHUSHAL Singh was the adopted son of Raja Nahar Singh of Ballabgarh in the Delhi District, at that time in the North Western Provinces. Nahar Singh joined the mutineers during the mutiny and was hanged ; his estate was confiscated in 1858 by the Government, who granted allowances to his dependants on condition that they left their home. KHUSHAL Singh migrated to Kuchesar, a large estate in the Bulandshahr and Meerut Districts, and married Bhup-Kunwar, the daughter of Gulab Singh, the last male, owner of that estate. On the death of Bhup Kunwar about 1859, there: was litigation amongst various claimants to the estate, including KHUSHAL Singh, which ended in a compromise, which was recorded in a decree dated May 29, 1868, and under which a five anna share was carved out of the estate and allotted to KHUSHAL Singh and was thereafter known as the Sahanpur estate, the succession to which is now in dispute. After the compromise KHUSHAL Singh married Rani Raghubir Kunwar, who was the daughter of Umrao Singh, to whom a six anna share had been allotted under the compromise which retained the name of the Kuchesar estate. The remaining five anna share went to one Partab Singh, and is known as the Muhiuddinpur estate.