The companytention, in .
Shortly before his death Raja Bisheshwar executed a will dated 11th September, 1929, by which five properties, described in lists A and B attached to the plaint, were bequeathed to Dhuj Singh, the younger son, by way of making provisions for the maintenance of the said son and his heirs.
On the death of Raja Bisheshwar,the estatement to the plaintiff as his eldest son under the provisions of the Oudh Estates Act and Dhuj Singh got only he five properties mentioned above under the terms of his fathers will.
139 of 1941, arising out of the Judgment,and Decree dated October 23, 1941, of the Court of the Civil Judge, Bahraich, in Regular Suit No.
Raja Bisheshwar died on 16th October, 1930, leaving behind him two sons, the elder of whom, Bajrang Bahadur, is the plaintiff in the present litigation, while the younger, whose name was Dhuj Singh, has died since then, being survived by his widow Bakhtraj Kuer.
The plaintiff thereupon companymenced the suit out of which this appeal arises, praying for declaration of his title to the five properties mentioned above on the allegation that they vested in him on the death of Dhuj Singh and that the defendant companyld number in law, assert any right to, the same.
Dhuj Singh had numberissue of his own and on his death in 1940 disputes arose in respect of these properties between the plaintiff on the one land and Dhuj Singhs widow on the other.
The plaintiff has number companye, up to this companyrt on the strength of a certificate granted by the High Court of Allahabad with which the Chief Court of Avadh was amalgamated sometime after the disposal of this case.
It may be stated here that four out of these five properties have been described in list A to the plaint and there is numberdispute that they are taluqdari properties.
Appeal from the Judgment and Decree dated September 4, 1946, of the late Chief Court of Oudh number the High Court of Judicature at Allahabad, Lucknow Bench Misra and Wallford JJ.
The plaintiff succeeded at first in having his name mutated as owner of these properties in the revenue records in place of his deceased brother, but the appellate revenue authority ultimately set aside this order and directed mutation to be made in the name of the defendant.
1 of 1941.
One Raja Bisheshwar Bux Singh, the father of the plaintiff and of the defendants husband, was a taluqdar of Oudh, and the estate known as Gangwat Estate, to which he succeeded in 1925 on the death of the widow of the last holder, is one to which the Oudh Estates Act I of,1869 applies.
The Judgment of the Court was delivered by MUKHERJEA J. This appeal is on behalf of the plaintiff and is directed against a judgment and decree of the Chief Court of Avadh dated September 4, 1946, affirming, on appeal, those of the Civil Judge, Bahraich, passed in Regular Suit No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The defendant in her written statement resisted the plaintiffs claim primarily on the ground that Bisheshwar Bux Singh, as the full owner of the properties, was companypetent to dispose of them in any way he liked and under his will it was the defendant and number the plaintiff in whom the properties vested after the death of Dhuj Singh.
Onkar Nath Srivastava for the appellant.
November 7.
Bishan Singh for the respondent.
in First Civil Appeal No.
I of 1941.
147 of 1951.
Against this decision, the plaintiff took an appeal to the Chief Court of Avadh and the Chief Court affirmed the decision of the trial judge and dismissed the appeal.
