MOTI LAL Vs. KARRAB-UL-DIN

JUDGEMENT

(1.) THE plaintiff in this cause, now dead and represented by the respondents in the appeal, was formerly Queen of Oudh; and she sued to assert her right to a village in Oudh called Para Kuru. The Court of the Judicial Commissioner has maintained her suit, reversing the decision of the District Judge, who dismissed it. The village has been the subject of almost incessant litigation, and of numerous judicial orders, during some twenty years, and its legal history is very complicated. But though it has been necessary to examine all the previous proceedings in order to ascertain the true effect of the orders and transactions which now govern the case, it will be sufficient for this judgment to touch only on a few of them.

(2.) IN the year 1870 a Mahomedan gentleman named Asghar, being then the sole recorded proprietor of the village, mortgaged it to one who in this discussion has been called Agha. Asghar afterwards granted the village by way of gift to his nephews Yusuf and Nasim, who again mortgaged it to Agha.

(3.) ON March 20, 1883, Agha obtained a decree against Yusuf and Nasim on the mortgage effected by them; and he went on to enforce execution. On June 19, 1883, Masih put in a claim which, being disallowed in execution, he had to enforce by suit. Accordingly, on July 28, 1884, he instituted a suit against the heirs of Agha, who was dead, and against Yusuf and Nasim. He prayed for a decree in these terms: That a decree entitling and declaring the proprietary right of the plaintiff to the village Para Kuru . . . . be granted to the plaintiff to the effect that the village aforesaid is not liable to attachment and sale in the decree of Agha Haidar Husain, deceased, dated the 20th March, 1883, as the property of defendants Nos. 4 and 5, and that the defendants be made to pay the plaintiff's costs.