SHIRINBAI MANEKSHAW Vs. NARGACEBAI J MOTISHAW

JUDGEMENT

(1.) This is an appeal from the judgment and decree of the High Court of Judicature at Allahabad dated 30.7.1951 reversing the judgment and decree of the Additional Civil Judge of Allahabad dated 8.3.1943 passed in Suit No. 27 of 1940. The relevant facts are as follows:

(2.) One Cawashaw Dadabhoy Motishaw, a Parsi, (hereinafter referred to as the testator) died at Allahabad on 10.11.1937 leaving him surviving a step-brother (plaintiff 1) now represented by his widow and children, being respondents 1 to 8, a step-sister's son (originally defendant 4, subsequently transposed as (plaintiff 2) now represented by respondents 9 to 12, a step-brother's son (defendant 2) now represented by respondents 13 and 14, a step-sister (defendant 3) now respondent 15 and a step sister's daughter (defendant 5) now respondent 16. He is said to have left considerable properties which he acquired in or near Allahabad . Prior to his death the testator had on 11.3.1922 executed a holograph will in the following terms:

(3.) On 13.4.1940 the testator's step-brother (plaintiff 1) filed a suit, being O. S. No. 27 of 1940, in the Court of the Civil Judge of Allahabad against Shrinbai paying for a declaration that the bequest in favour of Shrinbai was void in law, and that there was an intestacy in respect of the whole estate of the testator which became divisible amongst the heirs of the testator, for an enquiry as to who were the heirs of the testator according to the personal law applicable to Parsis, for administration of the estate by and under the direction of the Court and for necessary accounts and enquiries. The connection of the plaintiff was that the bequest to Shrinbai was void under S. 67, Indian Succession Act.