SECRETARY OF STATE FOR INDIA Vs. JWAHIR LAL

JUDGEMENT

(1.) This appeal arises out of a suit in which the plaintiff claimed a declaration that he has "proprietary rights in ten biswas of revenue-free grant in each of the three mahals Nur Muhammad, Farhat Fatima and Intizamuddin in Mouza Lakhimpur," and that the name of the Government may be expunged. The claim does not appear to foe accurately expressed. What the plaintiff really claims is that in the events which have happened, he is now entitled to be considered as the assignee of the Government revenue payable in rpspect of the 10 biswas. His real claim is that the last assignee of this Government revenue was one Dalpat Rai, who died leaving a daughter Musammat Ram Piare. He claims that now he is entitled, as the heir of Dalpat Rai under Hindu Law, to have the same rights as Dalpat Rai enjoyed.

(2.) The Court below granted the plaintiff a decree declaring that he is entitled, by right of succession to Dalpat Rai as the muafidar or assignee of the Government revenue, to the revenue of the 10 biswas share in mahals.

(3.) The Secretary of State has appealed, and it is contended, first, that the Court below ought not to have entertained the suit because the plaintiff had not obtained the certificate referred to in Sections 5 and 6 of Act XXIII of 1871; secondly, that the decree of the Court below is in contravention of the provisions of Section 6 of the same Act; and thirdly, that the title which Dalpat Rai had, to be deemed the assignee of the Government revenue, came to an end with his lineal descendants.