HAR BAKHSH SINGH Vs. DAL BAHADUR SINGH

JUDGEMENT

(1.) The dispute in this appeal relates to certain house property situated at Allahabad. The owner of the property was Thakur Bajrang Bahadur Singh, who died on the 16 November, 1900, leaving two widows, Musammal Harnath Kuer and Musammat Sartaj Kuer and a daughter Musammat Bhagwat Partab Kuer He was the Taluqdar of the Baispur Estate in the Partabgarh District, Oudh; and besides the Baispur Estate and the house property in dispute, he owned some zemindari property in the Partabgarh District known as the Sarai Murar Singh or Ramnagar property some other zemindari property and an occupancy holding in the Allahabad District, known as the Bahdaul property, and a house in Partabgarh and another large bungalow in Allahabad.

(2.) On the death of Bajrang Bahadur Singh, the mutation of names was obtained in respect of the entire property situated in the Districts of Partabgarh and Allahabad by his senior widow, Musammat Harnath Kuer. Musammat Harnath Kuer built a new house on a portion of plot No. 130, situated in Colonelgunj, Allahabad, forming a part of the property left by her husband; and that house is also in dispute. Musammat Bhagwat Partab Kuer died on the 12 of May 1910 without leaving any issue. Musammat Harnath Kuer died on the 27 March 1914 and was succeeded by Musammat Sartaj Kuer, the junior widow, who died on the 15th June, 1916. On her death several claimants turned up to claim the Baispur Estate and the other properties left by Thakur Bajrang Bahadur Singh. One of those claimants was Alopi Din Singh, who professed to be the nearest reversionary heir and entitled as such to the estate and other property of the deceased under Section 23 of Act I of 1869, read with the Hindu Law. Another claimant was Har Baksh Singh, who based his title to the property on his being the senior male heir in the senior branch of the family to which Thakur Bajrang Bahadur Singh belonged, under Section 22 of Act I of 1869.

(3.) The Revenue Courts directed the mutation of names to be effected in favour of Har Baksh Singh in respect of the Baispur estate and in favour of Alopi Din Singh in respect of the zemindari property situated in the Partabgarh and Allahabad Districts and the cultivatory holding situated in the latter. The Municipal Board of Allahabad entered the name of Har Baksh Singh in respect of the lease-hold rights in the plots Nos. 130, 130A and 131 situated in Mohalla Colonelganj, Allahabad, on which the house property now in dispute stands.