THAKUR NAWAB ALI KHAN Vs. WAHID ALI

JUDGEMENT

(1.) The question between these parties can be stated in short compass. The plaintiff (appellant) is Talukdar of Akbarpur, within which is included the village of Daryapur. As such Talukdar he holds superior proprietary rights in the village.

(2.) The defendant (respondent) holds, under the " provision for maintenance" which falls to be construed, the sub-proprietary rights in the village. His mother, Abadi Begam, enjoyed such provision for maintenance, being a sub-proprietor in the second generation. The plaintiff holds similar rights, being a sub-proprietor in the third generation. The payments due from these sub-proprietors to the Talukdar are, it is admitted, governed by the terms of the provision for maintenance.

(3.) The document so falling to be construed is of some interest. It is a translation by the Court translator of " Copy of Rules of Practice, framed by the British Indian Association with regard to suits instituted and decrees passed therein," dated the 25 September, 1867. Under it "the Talukdars agree to make the following provisions for the maintenance of their relatives provided that their doing so be sanctioned by the Government and be considered as a final disposal of the question in the classes of cases detailed below." The Officiating Chief Commissioner at Fyzabad dealing with its terms states: " I think they are in every way as liberal as we could expect to obtain for the relatives of the Talukdar." It is plain that the settlement of the very important questions of the title to and interest in the land of this portion of India was thus put upon a substantial and permanent foundation, and the decision of the questions in this case, involving a construction of this portion of these Rules of Practice framed by the British Indian Association, has been represented to their Lordships as of general importance. The provision for maintenance, which it is agreed by the parties applies and falls to be construed, is, in the language of the translation, as follows:- This class will remain in possession of what they actually had at annexation "rent-free " during their life-time, but subject to payment in the second generation of 25 per cent, to the Talukdar, and in the third 50 percent, and will not have transferable rights. It such persons pay the Government evenue, plus 10 per cent, to the Talukdar, they will have heritable rights in addition.