MURTAZA HUSAIN KHAN Vs. MOHAMMAD YASIN ALI KHAN

JUDGEMENT

(1.) The facts of this case are fully set out in the judgments of the Judicial Commissioners of Oudh, from whose decree dismissing the plaintiff s claim this appeal is preferred; their Lordships are thus relieved of the necessity of referring to them at any length.

(2.) The suit was brought in the Court of the Subordinate Judge of Sultanpur to recover from the defendant, the Talukdar of Deogaon, in the district of Fyzabad, a half-share of certain non- Talukdari property to which the plaintiff claims to be entitled by right of inheritance under the Mahomedan law.

(3.) At the time of the annexation of Oudh the Taluka of Deogaon was found to be in the possession of one Babu Jamshed Ali Khan under a firman of the deposed King, bearing date the 23 rd Shaban, 1271, corresponding with the nth May, 1855. On the 30th December, 1858, a summary settlement of this property was made with him by the British Government. The kabulayat, or engagement for the payment of revenue, executed by Jamshed Ali Khan, bears date the 22nd January, 1859. On the 17th October, 1861, he received a sanad conferring on him " the full proprietary right, title, and possession "of the estate of Deogaon and of Almasgunj, consisting of the villages in the list attached to his kabulayat. This sanad, among other conditions, declared as follows:- It is another condition of this grant that in the event of your dying intestate or of any of your successors dying intestate, the estate shall descend to the nearest male heir, i.e., sons, nephews, &c,, according to the rule of primogeniture, but you and all your successors shall have full power to alienate the estate, either in whole or in part by sale, mortgage, gift, bequest, or adoption, to whomsoever you please.