SANKATHA PANDEY Vs. BRIJ MOHAN PANDEY

JUDGEMENT

(1.) This is a special appeal against the order of a learned Single Judge dismissing a second appeal.

(2.) The facts leading to this appeal are as follows. Dalthamnmn Pandey and Dalganjan. Pandey were brothers. Dalganjan Pandey died in 1898. leaving his widow Srimati Uttama and his daughter Srimati Gaura. Dalthamman pandey died in 1935. On 11-2-1931 he dedicated certain properties of his to some deities. He executed a will on 23-7-1921 and another will on 2-11-1923. By his first will he appointed Srimati Uttama, Srimati Gaura and Srimati Gaura's father-in-law Sital Pandey as his executors. By his second will he - appointed Srimati Uttama, Srimati Gaura and Jagmohan Pandey, one of the three sons then alive of Sital Pandey, as his executors. Both Sital Pandey and Jagmohan, Pandey died within the lifetime of Dalthamman Pandey, the former dying in 1934 and the latter in 1924.

(3.) It was provided in the first will of 1921 that after the death of Srimati Uttama and Srimati Gaura, the heirs and representatives of Sital Pandey, executor No. 3, would as shebaits be worshipping executors and would look after the management of the dedicated properties according to conditions laid down in the will. In the later will of 1923 it was provided that after the death of Srimati Uttama and Srimati Gaura the third executor, i. e. Jagmohan Pandey, would remain in possession and occupation of the property in respect of which the will had been made "generation after generation."