MAHARAJ KEDAR NATH Vs. THAKUR RATAN SINGH

JUDGEMENT

(1.) This is an appeal from the Court of the Judicial Commissioner of Oudh.

(2.) It seems that before the annexation of Oudh two estates, called Bhart and Sherpur, belonged to an undivided Hindu family, the members of which then were three brothers, Gayadin, Umrao, and Ratan. They were born of different mothers. Gayadin was much the eldest, and a man of about middle age. He was the manager. The other two were minors. Umrao was quite young, and Ratan at the time was a mere child. After the confiscation the Government was minded to restore the family property, and a grant of it was either issued or in immediate contemplation, when it was discovered that Gayadin was in possession of a quantity of concealed arms. The property was again confiscated, and Gayadin was put in prison. Then Gayadin or his servants made disclosure of similar offences committed by other landholders, and so induced the Government to look favourably on his case. Ultimately the Government made him a grant of Sherpur, which in value was about equal to one-third of the whole family property.

(3.) The question is :-Was Sherpur the self-acquired property of Gayadin, or was it the joint property of the three brothers?