RAJA BHAGWATI BAKSH SINGH Vs. CIVIL JUDGE

JUDGEMENT

(1.) The above petition which has been framed under Article 227 of the Constitution has asked an order dated 26th September, 1957, passed by the learned Civil Judge, Kheri, in a suit No. 11 of 1952 pending before him to be set aside. It will be necessary to state at the very outset certain facts to enable the dispute to be appreciated.

(2.) There used to be in Oudh what was called Mahewa Estate belonging to a Taluqdar known by the said title. He made a will in 1907 and executed later a codicil in 1912. By these documents he granted to bis wife after his death a certain amount as maintenance and further set aside a number of villages for her use and benefit. The Taluqdar who was Rajendra Bahadur Singh died on 1st October, 1912. The case of the parties, other than the petitioners, so far as the bequest to the widow thus made was concerned is that she had been granted a life interest with the consequence that after her death which Occurred on 6th May, 1951, whatever property was left by her reverted to the Mahewa Estate. As a matter of fact they have gone a little further in claiming -- obviously this Court is not in a position at the moment to express any opinion on their claim--that these properties were always part of the Mahewa Estate though they bad been set apart for the lifetime of the lady for her maintenance etc.

(3.) Some other facts are that on the death of Rajendra Bahadur Singh his nephew Jai Tndra Bahadur Singh succeeded to the Mahewa Estate. On account of Jai Indra Bahadur Singh's extra-vagance etc. the U. P. Court of Wards assumed superintendence of the estate so belonging to him. The property which had been set apart for the benefit of the lady is known by the name of the Chauch Estate. Jai Indra Bahadur Singh died in 1949 but the Court of Wards continued supervision over the Mahewa Estate as there was dispute about the person really entitled to it. The lady also died a little later on 6th May, 1951. Before her death she had made a will on 9th February, 1951 by which she bequeathed her moveable and immoveable possessions to her daughters etc. Out of the property possessed by the lady there is a house at Varanasi and a substantial deposit also in one of the banks. It seems that the Court of Wards took Over superintendence of the properties left by the lady also. This was done under Section 14 of the U. P. Court of Wards Act 1912. On 16th September, 1952, the Court of Wards, since inheritance to the Mahewa Estate was in dispute, instituted an inter-pleader suit impleading the rival claimants to the Mahewa Estate as defendants. This was done in pursuance of Section 48 of the Court of Wards Act which provides that where succession to the property left on the death of a ward is disputed, the Court may institute a suit for inter-pleader against the several claimants. The plaint of the suit while referring to events connected with the conferring by will and codicil of the rights on the widow in respect or the properties set apart for her did not incorporate any relief in respect of them, nor were they pointed out as properties the title whereto was sought to be settled by the inter-pleader suit. The daughters in whose favour the lady made the will were also not arrayed in the list of the defendants or rather the claimants to the Mahewa Estate.