RAJA UDIT NARAIN SINGH Vs. SHAIKH MUBARAK ALI

JUDGEMENT

(1.) IN this case the Board of Revenue of the United Provinces granted Raja Udit Narain Singh since deceased, who will be referred to as the appellant leave to appeal to His Majesty in Council, from their order directing that the first respondeat, Shaikh Mubarak Ali, should be re entered on the register maintained by the Revenue Authorities under the United Provinces Land Revenue Act III of 1901, as a thekadar or holder of a permanent but not transferable lease in a village of which the appellant was the proprietor.

(2.) THE first respondent had purported to transfer his theka or lease to his son and grandson, the second and third respondents, with the object, it was alleged, of defeating the rights of succession of his other hairs under the Muhammadau Law. On their application for mutation of names they were erroneously entered as pukhtadari tenants, a term applicable to tenants holding under a sub settlement. They then applied that they might be entered as matahatdars, a description applicable to under-proprietors or persons holding a heritable and transferable right in the land as defined in Clause (15) of Section 4 of the United Provinces Land Revenue Act III of 1901. The Revenue Authorities corrected the register but entered them as thekadars, tha description under which their transferor, the first respondent, had been entered.

(3.) THE first respondeat thereupon sued the second and third respondents for a declaration that his gift to them was incomplete aud no title had passed, and obtained a decree by consent. Ha then appealed to the Deputy Commissioner who ordered the second and third respondents to be registered as thekadars. This order, on appeal by the appellant here, was reversed by the Commissioner, who restored the order of the Assistant Collector. The first respondent then appealed to the Board of Revenue, who after making the second and third respondents, parties here, respondents in that appeal, held that transfer in their favour was invalid and directed that the name of the first respondent should again be entered as thekadar. It was from this order that the appellant obtained leave to appeal to His Majesty in Council.