BAHU RANI Vs. RAJENDRA BAKHSH SINGH

JUDGEMENT

(1.) THE plaintiff instituted this suit in the Chief Court of Oudh for a declaration that he was the adopted son Mahabir Baksh Singh and that the deed of gift executed by the first defendant, who is the widow of Mahabir's elder brother, Mahesh Baksh Singh, in favour of the second defendant was not binding beyond her own life-time. As the valuationn of the suit proved to be under five lakhs of rupees it was insufficient to give the Oudh Chief Court original juristiction, and the plaint was amended by claiming reliefs as to other properties as well, but these claims are none the subject of this appeal as they failed before Pullan J., the trial Judge, and were given up at the hearing of the appeal inn the Chief Court. Pullan J. gave the plaintiff a declaration as to the adoption, and otherwise dismissed the suit. THE Chief Court modified this decree by giving the plaintiff a declaration as to the deed of gift as well. From this decree the defendants have preferred the present appeal.

(2.) THE following pedigree will help to show how the suit arose : Raja Hardat Singh|-------------------------------------- |Mahesh = Bahu Rani |Mahabir = Mahadeoi Kaur Singh 1905) | | Baksh Singh | Defendant (died 1896) | No. 1 | Baksh (died Swami Baksh Singh Rajendra Baksh Singh(died 1899)Plaintiff He allegesthat he is Mahabir Baksh Singh'sadopted son, which allegation is denied by the Defendants.

(3.) THE limitation in the grant of villages Nos. 2 to 4 of June 5, 1871, was to "you and your heirs," and subject to the due observance of the conditions of the grant the Government undertook to "maintain you and your heirs as proprietors of the above-mentioned estate.