THAKUR TIRBHUWAN BAHADUR Vs. RAJA RAMESHAR BAKHSH

JUDGEMENT

(1.) This is an appeal from a Judgment and Decree of the Court of the Judicial Commissioner of Oudh, affirming a Decree of the Subordinate Judge of Lucknow.

(2.) The matter in dispute is the title to the Taluka of Samarpaha in the district of Rae Bareli in Oudh. The appellant's claim is based on an alleged adoption. The respondent claims as next heir under Act I. of 1869, Section 22, Clause (6).

(3.) The last male Owner of the Taluka was Thakur Basant Singh. He died on the 12 of November 1857. His next heir was his widow Thakurain Daryao Kunwar. After the confiscation of proprietary rights in Oudh by the Proclamation of March 1858, a summary settlement of the Taluka was made with her on the 10 of May 1858, and a sanad was afterwards granted to her. On the preparation of the lists of Talukdars in accordance with the provisions of Act I. of 1869, her name was entered in Lists I. and II. It is not disputed that the Thakurain became Talukdar, not in right of her husband Basant Singh, but in her own right.