HASAN JAFAR Vs. MUHAMMAD ASKARI

JUDGEMENT

(1.) THIS appeal relates to a claim by the appellants to one-fourth share of an Oudh estate which comprises the talukh of Goothia with certain villages in Zaidpur in the district of Daryabad and is now apparently known as talukh Goothia Zaidpur.

(2.) THE appellants are the representatives of one Sadik Husain, the original plaintiff, who died after the suit had been disposed of in the Court of First Instance.

(3.) IT is common ground that on the re-occupation of the Province of Oudh after the mutiny the three-year summary settlement of the estate was made with Karam Ali alone, and that the talukhdari sanad was afterwards granted to him as sole owner. The case on behalf of the appellants is that, although Karam Ali thus acquired the legal ownership of the entire estate, he became in the events which happened and was at the time of his death trustee as to one-fourth of the estate for Sadik Husain.