DWARKA NATH SINGH Vs. RAJ RANI

JUDGEMENT

(1.) The point for decision in this case is whether a will executed by one Thakur Shankar Bakhsh Singh (whom it will be convenient to call Shankar Bakhsh) bearing date July 28, 1904, was a disposition of his property made with the consent of the Court of Wards at Sitapur in the terms of Section 34 of the North Western Provinces and Oudh Court of Wards Act (III of 1899).

(2.) The appellants propounded the will in question and petitioned the Chief Court of Oudh at Lucknow for letters of administration of the estate of the ward with a copy of the will of July 28, 1904, annexed. A number of objections were raised to the alleged will, but they have all failed except on the point as to the lack of consent of the Court of Wards. As to this the Chief Court in its original jurisdiction has held that the consent of the Court of Wards was obtained. The Chief Court in its appellate jurisdiction has held the contrary.

(3.) The relevant facts are as follows :