MATA PARSAD Vs. NAGESHAR SAHAI

JUDGEMENT

(1.) This litigation relates to two properties named respectively Baragawn and Wali, one situated in the district of Hardoi and the other in Kheri, in the province of Oudh. Both belonged to one Raja Fateh Chand who died in 1873. After the annexation of Oudh they were re-granted to Fateh Chand and his name was included with regard to the Hardoi property under List II and in respect of the Kheri property under List V/s. prepared under Act I of 1869 (the Oudh Estates Act). To these Lists reference will be made more particularly later on in this judgment.

(2.) The following genealogical table will explain the position of the parties in this case :-

(3.) Mata Prasad, the plaintiff No. 1, claims possession of the properties in question on various grounds, which will be set out later. The second plaintiff is the assignee of Mata Prasad of a share in the two estates. In this judgment wherever the plaintiff is mentioned it refers to Mata Prasad.