THAKURAIN RAJ RANI Vs. DWARKANATH SINGH

JUDGEMENT

(1.) This is an appeal from the judgment and decree passed by the late Chief Court of Oudh, affirming the judgment and decree passed by the Civil Judge of Sitapur, dismissing the plaintiffs suit.

(2.) One, Thakur Shankar Bux Singh, proprietor of the Estate known as Rampur Kelan, situated in District Sitapur (Oudh) was heavily indebted and the estate had been in the possession of Deputy Commissioner of Sitapur as receiver from 1892 upto 11-7-1901. Thereafter he was declared a disqualified proprietor under the provisions of S. 8(D) (1), U.P. Court of Wards Act (U. P. Act 3 of 1899) and the Court of Wards took possession of the estate on 1-8-1901. Under S. 34 of the Act he was not competent to dispose his property by will without the consent in writing of the Court of Wards, though prior to 1-8-1901 he had made four successive wills, the last being dated 19-6-1901 under which he gave his estate absolutely to his wife. On 30-11-1901 he made a will giving a life interest to his wife and the remainder over to his cousin Ganga Bux Singh after providing for certain legacies by way of maintenance in favour of his three daughters, his father's sister and his mother. The Court of Wards withheld its consent to this will which thus fell through. On 7-1-1904 Ganga Bux Singh executed in his favour a registered deed of agreement agreeing to pay him Rs. 50 per month during his life time with effect from the month in which he would execute a will in favour of Ganga Bux Singh and his sons and submit the same for sanction of the Members of the Board of Revenue. A draft if the will was accordingly prepared by him on 18-1-1904 under which he gave a life interest on his wife and the residue of the property to Ganga Bux Singh and after him to his sons after providing legacies for maintenance in favour of his daughters, father's sister and mother.

(3.) Shankar But Singh died thereafter on 28-7-1922 and he being a Christian at the time of his death succession to his property was governed by the Indian Succession Act. His wife got 1/3rd of the estate and the remaining 2/3rd were divided in equal shares between his surviving daughter and the son of a pre-deceased daughter of his Mutation was effected in the records of rights and the name of the widow was shown there as the owner of the estate in his place and stead. The Court of Wards relinquished charge of the estate some time in November 1925. The widow executed on 16-8-1927 a deed of gift conveying the bulk of the estate to her daughter and the son of the pre-deceased daughter. She also executed another deed of gift in the same year conveying the rest of the properties and on 8-9-1928 Ganga Bux Singh filed a suit in the Court of the Subordinate Judge of Sitapur for a declaration that under the aforesaid will she had only a life interest in the property and the transfers made by her were void. This suit was contested by her and one of the defences taken was that Ganga Bux Singh could not maintain the suit without first obtaining letters of administration with the will annexed. This defence was upheld and the suit was dismissed on 14-7-1930.