The Law Reports. Under the Superintendence and Control of the Incorporated Council of Law Reporting for England and Wales Indian Appeals: Being Cases in the Privy Council on Appeal from the East Indies 1878-9

The conclusion at which I arrive is that had this deed been executed prior to the annexation of the province the intrduction into it of the words " birt zemindary " would have coveyed the meaning that the mortgagee agreed to hold the property mortgaged in subordination to the mortgagor or in other words that he consented to the mortgaged villages being retained in the mortgagor's kabulia [...] of 1859 are not applicable to the case as the rights of the mortgagor were not confiscated by any special order consequent on his conviction of an offence but at the same time it seems clear to me that the effect of the cofiscation order was to sweep away the proprietary title both of the mortgagee and the mortgagor and to leave the former without any security for the debt due by the latte [...] The Judicial Commissioner was clearly wrong in holding that the superior right passed to the Appellant " because the policy of the British Government was to do away with talookdars." The annexation of Oudh which carried out whatever might have been the policy of the Government had no bearing on the intention of the parties to the mortgage ; and neither that annexation nor the supposed change o [...] R. ment Officer that is the Judge of first instance for the investigtion and determination of two issues : the first was What is the meaning of the term ' with all the rights appertaining to a birt∎ zemindary' in the mortgage bond on which the Plaintiff bases his claim." The second was as to the date and circumstances of the seizure by the Government of the villages as part of the property [...] He says " The conclusion at which I arrive is that had this deed been executed prior to the annexation of the province the introduction into it of the words birt zemindary' would have conveyed the meaning that the morgagee agreed to hold the property mortgaged in subordination to the mortgagor or in other words that he consented to the morgaged villages being retained in the mortgagor's