NAVNEET LAL ALIAS RANGI Vs. GOKUL

JUDGEMENT

(1.) This appeal by certificate from the judgment and decree of the Allahabad High Court raises an important question with regard to the construction of a will. The respondent Gokul (whose heirs have been impleaded after his death) was the original plaintiff in a suit for declaration that he was the absolute owner under a will of the property in suit and for possession of certain of them. He also claimed certain movable properties with which we are not concerned in this appeal.

(2.) The property in suit was originally in exclusive ownership and possession of Bhola Chaubey, the testator, Bhola Chaubey, was governed by the Mitakshra School of Hindu Law. He belonged to the class of priests and was an old man of 67 years at the time when he executed the will on September 21, 1916. He had then a legally wedded wife Smt. Jarian, approaching nearly her forty fifth year and they had no issue in wedlock. The only person whom the testator appeared to have almost treated like a son was the respondent Gokul, doubly related to the testator, being his sister's son and also his wife's brother's son. Gokul had been with him since childhood and the testator got him married. Gokul in return had been serving the testator to his satisfaction and was in enjoyment of his full confidence and affection till the testator's death in 1918. Gokul was then aged about 23 years. It was directed in the will that Smt. Jarain would get the obsequies and other religious rites of the testator performed by Gokul.

(3.) After the death of the testator Smt. Jarain and Gokul continued to live in cordiality for nearly 18 years. Feelings, however, got estranged some time after that and there was even litigation, criminal and civil, between Smt. Jarain and Gokul. It appears Smt. Jarain, who died in March, 1948, had executed a gift deed and a will in respect of certain properties in suit in favour of the appellant, Navneet Lal. All this led to the institution of the present suit out of which this appeal has arisen.