SMT. KESHAV DEVI Vs. C.J.M.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE main question involved in this writ petition is regarding interpretation of will dated 16.02.1965 copy of which is Annexure 1 to writ petition. The will is admitted to both the parties. Petitioner as well as Respondent No. 3 Smt. Kamla Devi are sisters and daughters of late Sri. Musai Lal. Sri. Musai Lal left behind two houses. At the time of his death (4.4.1968) his wife Smt. Jagdei i.e. mother of Petitioner and Respondent No. 3 was alive. The couple had no son. Details of the properties belonging to the testator are given at the foot of the will. In Clause 2 of the will it is mentioned that after the death of the testator the entire movable and immovable properties would remain in possession of the wife of the testator till her life and she would be entitled to utilise the profit thereof, however, she would not have any right to transfer the same. Thereafter, in Clause 3 of the will it is mentioned that after the death of wife of the testator, the house situate in Katra Baji Rai, city Mirzapur would exclusively be owned and possessed by elder daughter of the testator i.e. Petitioner Smt. Keshav Devi and like the testator she would be having entire right of ownership and transfer. In Clause 4 of the will it is mentioned that after death of wife of testator, the house situate in Mukari Bazar, Mirzapur would exclusively be owned and possessed by the younger daughter (Smt. Kamla Devi Respondent No. 3) and like the testator she would be having total right of ownership and transfer. In Clause 5 it was provided that after the death of the testator movable properties and the running business would be owned and possessed by both the daughters. After the death of the wife of the testator). At the foot of the plaint the above two houses were mentioned as the only immovable properties belonging to the testator.

(3.) THE other house situate at Mukari Bazar which under the will was to go to Respondent No. 3 was auctioned on 26.03.1977 for realisation of sales tax dues. At this juncture copy of order dated 11.2.2011 on which date arguments were heard and judgment was reserved is quoted below: