Bikrama Singh's Estates Act

by Government of India

An Act to confirm and give effect to an award made by His Excellency the Viceroy and Governor General regarding certain matters in dispute between Kanwar Bikrama Singh and the Kapurthala State.

Whereas Kanwar Bikrama Singh in recognition of his services, received from the British Government a grant of land in Oudh forming part of the Akauna Estate; and that land was, with his consent, settled in the name of the Raja of Kapurthala; And whereas the Raja of Kapurthala took possession of that land and Kanwar Bikrama Singh was unable to recover possession thereof by process of law;

And whereas His Highness Raja Kurruck Singh of Kapurthala and Kanwar Bikrama Singh agreed that all claims preferred by Kanwar Bikrama Singh to and on account of the said land should be referred to Sir Henry Davies, the then Chief Commissioner of Oudh, for decision as arbitrator, and those claims were referred to Sir Henry Davies accordingly; And whereas Sir Henry Davies, on the sixth day of January 1871, delivered the following award, hereinafter called the first award (namely):-

“My award is that Raja Kurruck Singh of Kapurthala, his heirs executors or assigns, shall pay, within six months of the present date in trust to the Chief Commissioner and to the Financial Commissioner of Oudh for the time being, and to the Commissioner of the Faizabad Division for the time being, jointly, on behalf of Kanwar Bikrama Singh and the heirs male of his body ( if any) , the sum of five lakhs of rupees, to be invested, as early as practicable, by the aforementioned trustees in the purchase of land within the Province of Oudh. Such land, when purchased, shall be immediately delivered into the possession of Kanwar Bikrama Singh, and shall be held by him and by the heirs of his body, if any, in proprietary right. But in the event of Kanwar Bikrama Singh dying without heirs male of his body, the proprietary right in all such land shall revert unconditionally to the Raja for the time being of Kapurthala.

“If the Raja of Kapurthala, his heirs, executors or assigns, fail to pay to the trustees the sum of five lakhs of rupees within six months from the present date, possession of the fifty-five hadbast circles detailed in the list hereto appended shall be given to Kanwar Bikrama Singh; and all these hadbast circles shall be held by him as mortgagee until the whole sum of five lakhs of rupees shall have been paid to the trustee.

Furthermore, the Raja of Kapurthala, his heirs, executors or assigns, shall pay to Kanwar Bikrama Singh, within one month from the present date, the sum of fifty thousand rupees in full liquidation of all claims to the means profits of past years. On the expiry of one month, such sum, if still unpaid, will bear interest at the rate of 12% per annum.” Addendum to Award.

“To obviate doubts, I declare that, firstly, the words ‘heirs male’ means only the sons of a woman belonging to the ahl-i-biradiri of Kanwar Bikrama Singh; secondly, Kanwar Bikrama Singh shall, prior to the birth of an heir male of his body, have no power to mortgage or sell his interest in the estate purchased for him by the trustees without offering it in the first instance to the Raja of Kapurthala for the time being.

This addendum shall be read as part of my award.”

And whereas doubts arose as to the meaning of that award, and, with the consent of the parties concerned, the matters in disputes were submitted to His Excellency the Viceroy and Governor General of India for decision.

And whereas in accordance with this submission, His Excellency the Viceroy and Governor General considered those matters, and on the third day of March 1881, made the following award, hereinafter called the second award (namely):-

“My award is that the estates already purchased and to be purchased shall (the aid of the Legislature being invoked if necessary) be so settled that they shall be the property of Bikrama Singh, subject to the following conditions and restrictions:- “First- No alienations of, or right (other than a right of tenancy subject to rent, or a right incidental to such a tenancy) created over, the estates or any part thereof by Bikrama Singha shall be valid for any period beyond his life.

“Secondly – If Bikrama Singh at his death leaves a male heir of his body surviving him, the succession to the estates shall take place according to the proper law of inheritance; but the Estates shall not be chargeable with, or liable to be applied in satisfaction of, any debts incurred by Bikrama Singh, nor shall any person succeeding under this clause be liable, by reason of such succession, for any such debt.

“Thirdly – If Bikrama Singh at his death leaves no male heir of his body surviving him, the estates shall pass to the then Raja of Kapurthala.

“Fourthly – If any lease or other contract fixing rent is granted to, or made with, a tenant by Bikrama Singh, for a term, and Bikrama Singh dies before the expiration of such term, or if any such lease or contract is so granted or made in propetuty, the rent of such tenant shall, nothwithstanding anything contained in such lease or contact, be subject on the death of Bikaram Singh to enhancement from time to time on the same grounds, subject to the same conditions and according to the same procedure as if such tenant were a tenant with a right of occupancy, but if the rent is enhanced under this clause, the tenant may at any time thereafter rescind such contract”;

And whereas it is expedient to confirm the second award and give effect to the same;

And whereas, in obedience to the first award, the sum of five lakhs of rupees was paid by the said Raja Kurruch Singh to the then Chief Commissioner and Financial Commissioner of Oudh and the then Commission of the Faizabad Division and has been by them or by their successors in office invested in the lands specified in the schedule hereto annexed;

And whereas it is expedient to settle the said lands in accordance with the terms of the second award;

And whereas the first award, in so far as it has not already been executed, will be superseded by the second award and the Act, and it is therefore expedient to rescind the first award; ;it is hereby enacted as follows:-

1. This Act may be called Bikrama Singh’s Estates Act, 1883 shall come into force at once. 2. The first award is hereby rescinded; the trusts created thereunder shall be deemed to have been fully executed and determined; and the trustees thereunder shall be deemed to have been discharged.

The second award is hereby confirmed.

3. The land specified in the schedule hereto annexed shall vest in Kanwar Bikarama Singh, and shall be deemed to be settled as required by the second award.

SCHEDULE OF LANDS VESTED IN KANWAR BIKRAMA SINGH (SEE SECTION 3)

In District Sitapur

Tehsil Sitapur Pargana Sitapur

• Hadbast No. 34 Village Aithalia
• Hadbast No.23 Village Arhbania
• Hadbast No.37 Village Amypur
• Hadbast No.627 Village Victoria
• Hadbast No.463 Village Calarknagar

Tehsil Sitapur Pargana Khairabad

• Hadbast No. 25 Village Alisia
• Hadbast No. 75 Village Barabhari
• Hadbast No. 442 Village Aishbagh
• Hadbast No. 558 Village Mirnagar

Tehsil Misrikh Pargana Maholi

• Hadbast No. 190 Village Pitampur
• Hadbast No. 136 Village Beadonpur
• Hadbast No. 187 Village Pragpur
• Hadbast No. 410 Village Isanagar
• Hadbast No. 208 Village Tulshipur

Tehsil Misrikh Pargana Misrikh

• Hadbast No. 341 Village Rahmatpur

District Rai Bareli

Tehsil Dalmau Pargana Dalmau

• Hadbast No. 29 Bichia Abadi
• Hadbast No. 56 Village Baruahar
• Hadbast No. 59 Village Bandai
• Hadbast No. 57 Village Bahadurpur
• Hadbast No. 208 Village Dariapur
• Hadbast No. 171 Village Rampurkalan
• Hadbast No. 257 Village Rewari- Pasakhera
• Hadbast No. 314 Village Saidapur
• Hadbast No. 334 Village Fairozpur
• Hadbast No. 366 Village Kanjas
• Hadbast No. 365 Village Kalgaon with Chak
• Hadbast No. 413 Village Lakhangaon with Chak
• Hadbast No. 480 Village Kaibatpur Khurd
• Hadbast No. 477 Village- Hilauli
• Hadbast No. 476 Village- Hathansa

Tehsil Dalmau Pargana Khiron

• Hadbast No. 8 Village Aiendhi
• Hadbast No. 452 Village Malpur

Tehsil Rai Bareli Pargana Rai Bareli

• Hadbast No. 20 Village Balehpur