RAJ SHATRANJAI Vs. RAJ RAJ BAHADUR SINGH

JUDGEMENT

(1.) THIS appeal, which is brought against a decree of the Judicial Commissioners of Oudh dated June 4, 1918, as varied by an order of the Chief Court of Oudh dated November 18, 1941, modifying a decree of the Subordinate Judge of Mohanlalganj of March 18, 1916, raises the question what upon the true construction of the will of Raj Gobardhan Singh is the interest of the appellant thereunder in certain villages in the Kheri District in Oudh and whether it was proper for the Court to make a declaration in regard thereto.

(2.) RAJ Gobardhan Singh, who will be called "the testator," vas a taluqdar owning large estates in Oudh including ten villages with which the present appeal is concerned and which will be referred to as "the ten villages. " He executed his last will on November 13, 1903. At that time he had 3 Ranis and one child only, a daughter named Musammat RAJ Kunwar who was then childless. His nearest male collateral was his nephew RAJ Baehan Singh.

(3.) THE will then proceeds: "all the afore-mentioned terms of this will shall be subject to this condition that if by the grace of God a son is born to me, then he shall after my death be the owner in possession of the entire taluqa. Out of the entire taluqa the villages" (the testator then named the ten villages) "are bequeathed by me in favour of my nephew Bhaiya Raj Bachan Singh for his life after the death of all three Ranis. If there be any male issue to Bhaiya Raj Bachan Singh he shall be the owner of the afore-mentioned villages after the death of Bhaiya Raj Bachan Singh: otherwise the afore-mentioned villages shall be included in the taluqa after the death of Bhaiya Raj Bachan Singh and my daughter shall be the owner of the afore-mentioned villages also. "