TRILOKI NATH SINGH Vs. PERTAB NARAIN SINGH

JUDGEMENT

(1.) THIS is an appeal from a decision of the Judicial-Commissioner of. Oudh given on the 26th November 1884, and the question is whether that decision is correct with reference to the course of proceedings which had been previously taken in the various Courts of Oudh and also before Her Majesty in Council.

(2.) SIR Man Singh, who was one of the great talukdars of Oudh, died on the 11th October 1870. He left a widow, the Maharani Subhao Kunwar, and a daughter named Brij Raj Kunwar, by a deceased wife, and also a son of that daughter, Pertab Narain Singh, the present respondent.

(3.) UPON the whole, then their Lordships are of opinion that the Maharajah died, as he intended to die, intestate ; that the appellant is the person who, under Clause 4 of Section 22 of Act I of 1869, was entitled to succeed to the taluk; and that he has made out his claim for a declaratory decree to that effect. But then they add: "The declaration, however, must, their: Lordships think, be limited to the taluk and what passes with it. If the Maharajah had personal or other property not properly parcel of the talukdari estate, that would seem to be descendible according to the ordinary law of succession." Their Lordships, therefore, merely declared Pertab Narain Singh's title to the taluks and whatever descended under: Act I of 1869. As to other property which was not included in that Act, Pertab Narain would not have been the heir to the Maharajah during the lifetime of the widow. She would have taken the widow's estate in all property except that which was governed by Act I of 1869.