WIDOW OF SHUNKER SAHAI Vs. RAJAH KASHI PERSHAD

JUDGEMENT

(1.) THE Respondent, the talookdar of Sessendee, is one of the six loyal talookdars who were excepted by name in Lord Canning's proclamation of the 15th March, 1858, from the general sentence of confiscation thereby pronounced against the landholders of Oudh; and, as such, has had his name entered in the second schedule annexed to the "Oudh Estates Act" (No. 1, of 1869), pursuant to the provisions of the 4th Section of that statute. The questions raised by this appeal are, how far the rights of the Respondent are infected by the conflicting rights which the Appellant possesses in certain of the villages comprised in his talook, and what effect can or ought now to be given to the latter as against him.

(2.) THE family connection between the parties is of this kind : one Imrit Loll had three sons, Koondun Loll, Mohun Loll, and Seetaram. The pedigree in the Respondent's case states that Seetaram left descendants, but that they have no interest in the property; and however this may be in point of fact, Seetaram may, for the purposes of this appeal, be treated as having died childless. Koondun Loll died in 1838, leaving one son, Shunker Sahdi (also deceased), of whom the Appellant is the widow, heiress, and representative. The other son, Mohun Loll, died in 1837, leaving a daughter, who is the wife of the Respondent.

(3.) THE fiscal history of the talook is thus given in the Record : - "It is admitted that Mohun Loll died in 1243 F., Koondun Loll in 1244 P., Shunker Sahai in 1248 p.; that from 1243 p. to 1250 p. the engagements for the Government revenue of the talook were taken from the widow of Mohun Loll, those from 1251 P. to 1256 p. from the widow of Shunker Sahai, those from 1257 p. to 1259 p. from the widow of Mohun Loll, and those from 1260 F. to 1263 P. from Kashi Pershad, who had married Mohun Loll's only daughter, the widows being both alive." Hence it appears that, in 1856, when the annexation of Oudh took place, the Respondent was the ostensible talookdar, and he appears to have continued to be such at the date of Lord Canning's proclamation.