DULAHIN JADUNATH KUAR Vs. RAJA BISHESHAR BAKHSH SINGH

JUDGEMENT

(1.) These are three consolidated appeals from two decrees dated 15-12-1927, passed by the Chief Court of Oudh, which varied a decree, dated 04-01-1927, of a single Judge of the same Court sitting as a Court of Original Civil Jurisdiction.

(2.) The plaintiff in the suit out of which these appeals have arisen was Raja Bisheshar Bakhsh Singh, and he is appellant in the second of these appeals No. 103 of 1929). The defendants in the suit were (1) Dulahin Jadunath Kuar (hereinafter referred to as defendant 1), who is appellant in the first appeal (No. 102 of 1929), (2) Lal Pratap Harihar Bakhsh Singh (hereinafter referred to as defendant 2), who is appellant in the third appeal No. (104 of 1929), and (3) Mahabir Singh. The last-named is not a party to the first two appeals, as, by agreement with the plaintiff, the appeal which he had taken from the decree of the trial Judge to the Chief Court was dismissed on 15-03-1927.

(3.) In the suit the plaintiff claims possession of the Taluka Gangwal, consisting of sixty villages as set out in the schedule attached to the plaint lying in District Bahraich and District Gonda, as the nearest male agnate according to the rule of lineal primogeniture, of Raja Suraj Pragash Singh, the last male-holder, who died in 1899, in terras of S. 22 (10), Oudh Estates Act of 1869, as amended by the Oudh Estates (Amendment) Act, 1910. In the suit the plaintiff also claimed certain other property, as to which no question arises in these appeals.