- (1.) THE controversies involved in these appeals are now confined to one point only, namely : Whether the properties specified in list A annexed to the plaint comprising twenty four villages referred to at the Bar and in this judgment for the sake of convenience as Kaffara villages and those detailed in list E of the plaint containing twenty -seven villages (hereinafter called Bardia exchange villages) constitute an 'estate' within the meaning of the Oudh Estates Acts (I [1] of 1869) and are as such governed by the rule of succession laid down in Section 22 of the Act.
(2.) THE appeals have been laid before us on a difference of opinion between two learned Judges of this Court, Ghalam Hasan and Kaul JJ. who heard the appeals initially and have since retired. The suits giving rise to these appeals related to succession to movable and immoveable properties left by Rani Subhadra Devi on her death on 22nd August 1942. The deceased Rani was the second of the three wives of Raja Indra Bikram Shah the last male holder of the Khairigarh estate popularly known as taluqa Singhai in the district of Kheri. The name of Raja Indra Bikram Shah's father, Raja Randhwaj Shah who died in 1866 was posthumously entered in lists 1 and 2 prepared under Section 8, Oudh Estates Act). Raja Indra Bikram Shah died in 1885 and was succeeded by his first wife, Sarat Kuar. She outlived her juniormost co -widow, Rani Rajendra Lakshmi and remained in possession of the disputed properties till her death in 1936. She was succeeded by Rani Sabhadra Devi who died in 1942. On the death of Rani Subhadra Devi, there were three rival claimants to the property left by her, Pratap Bikram Shah, Dillipat Shah and Lal Bahahdur Shah. Their relationship with the deceased Raja will appear from the following pedigree which is no longer in dispute : RAJA DIP SHAH Maharaja Shah Ganga Ram Shah Eight other sons Raja Hansdhwaj Shah Two other sons | || Lal Bahadur Shah(Deft.2) | Randhwaj Shah Died 18 -12 -1866 Kaur Jang Bahadur Shah | Died in 1895 Indra Bikram Shah Died 26 -11 -1885: | Widows: ___________|_______ (1) Maharani Surat Kuar | | Died 1936 Kr. Prithidhwaj Kr. Dillipat Shah Deft. (2) Rani Subhadra Devi Shah Died 1909 Died 30 -12 -50 Died 22 -8 -1942 | | (3) Rani Rajendra Lakshmi Died in 1922 Kr. Pratap Bikram Kr. Upendra Shah Plaintiff Bahadur Shah
(3.) THE family claims descent from the Surajbansi Khattriya Kings of Ajudhia. The ancestors of Raja Dip Shah settled in Nepal. Dip Shah himself lived at Doti. He was expelled from Nepal in 1790 and on coming to Oudh, he attempted to settle in Khairigarh Pengana which was then ruled by Banjara chieftains. At first be failed to get a foothold there but eventually he succeeded in defeating the Banjaras and establish ing himself not only in that Pergana but also in parts of Bhur. In 1821 Raja Ganga Bam Shah, one of the ten sons of Raja Dip Shah conquered Kanchanpur Pergana in the Terai tract at the foot of the mountains which had been annexed by the British in 1815 after the Nepal War under the treaty of Sigauli and given to the Nawab Wazir of Oudh in 1816 in satisfaction of a debt of one million sterling. On the annexation of Oudh, Khairigarh and Kanchanpur were settled in 1856 with Raja Randhwaj Shah. The second summary settlement which took place between 1858 and 1859 after the rebellion of 1857, was also madewith him. Raja received a vernacular sanad for the two ilaqas from Lord Canning, the then Governor General of India at the darbar held by him at Lucknow on 26 -10 -1859.;