MT BAHU RANI Vs. THAKUR RAJENDRA BAKSH SINGH

JUDGEMENT

(1.) The plaintiff instituted this suit in the Chief Court of Oudh for a declaration that he was the adopted son of Mahabir Baksh Singh, and that the deed of gift executed by defendant 1 who is the widow of Mahabir's elder brother, Mahesh Baksh Singh, in favour of defendant 2 was not binding beyond her own lifetime. As the valuation of the suit proved to be under five lakhs of rupees it was insufficient to give the Oudh Chief Court original jurisdiction, and the plaint was amended by claiming reliefs as to other properties as well, but these claims are not the subject of this appeal as they failed before Pullan, J., the Trial Judge, and were given up at the hearing of the appeal in the Chief Court. Pullan, J., gave the plaintiff a declaration as to the adoption, and otherwise dismissed the suit. The Chief Court modified this decree by giving the plaintiff a declaration as to the deed of gift as well. From this decree the defendants have preferred the present appeal.

(2.) The following pedigree will help to show how the suit arose: Hardat Singh, the Raja of Bondi, having taken an active part in the Mutiny, his estates, which had been confiscated under Lord Canning's Proclamation, were not restored to him, but were granted to the Maharajah of Kapurthala in consideration of his services, subject to the payment of a maintenance allowance of Rs. 250 a month to Hardat Singh's sons, Mahesh Bakhsh Singh and Mahabir Bakhsh Singh. Subsequently, in the years 1871 and 1875, the Government grafted the two brothers the seven villages, which are the subject of this appeal and are Nos. 2 to 8 in Sch. 1 of the plaint by three grants the terms of which are set out in the Certificate of 22 August, 1877. The limitation in the grant of villages Nos. 2 to 4 of 5 June 1871, was to "you and your heirs,"and subject to the due observance of the conditions of the grant the Government undertook to "maintain you and your heirs as proprietors of the above-mentioned estate."

(3.) The grant of village No. 5 in the same year was limited to the two brothers "their heirs, executors, administrators and assigns in full hereditary and transferable proprietary right."The grant of villages Nos. 6 to 8, dated 22 August, 1877, was limited to the two brothers "and their heirs, successors and assigns." It is recited in the first grant that the Government had sanctioned a grant of five thousand acres of waste land to the two brothers for their maintenance and these villages were apparently substituted, as appears from a provision in the third grant for the surrender by the two brothers of the waste lands in their possession. Mahesh Bakhsh Singh, the elder brother, was lambardar and manager of the estate until his death in 1896. Mutation of names was then effected as regards his share in favour of his minor son Swami Bakhsh Singh, and his surviving brother Mahabir Bakhsh Singh became lambardar and manager and so continued until his death in 1905. The minor Swami Bakhsh Singh died in 1899, and on his death mutation of names was effected in favour of his mother Bahu Rani, defendant 1 in this case, with the consent of her brother-in- law Mahabir Bakhsh Singh, whose name was entered as manager.