ABINASH CHANDRA Vs. AISWAR DHARAMRAJ THAKUR

JUDGEMENT

(1.) This is an appeal against an appellate decree of the Subordinate Judge, Burdwan, reversing that of the Munsif, Additional Court of the same place. The plaintiffs-are the appellants.

(2.) It is not disputed that the plaintiffs who were substituted in place of the step-brother of one Becharam, were the reversioners of Becharam. Becharam died leaving him surviving his widow Jugal Bala and his brother whose heirs are now the appellants before me. He executed a Will in which he made these provisions for his wife. He gave the property to his wife using only the words "Bhogdakhal" that is, enjoy and possess. He then proceeded to say that his wife shall have the power to give away the property on her death to any one in the family of his father or of his wife who would tend or nurse her. The testator, it seems, did not contemplate a case in which there may be no such exercise of the power. He made provision that in case his wife proved unchaste or did not live in his own house, then the property would be taken away from her and that the respectable villagers would have the power to make it over to anybody else they considered fit.

(3.) The Munsif construed the will as giving the widow a life estate. The widow during her life time made a debuttar of the property appointing an absolute stranger as shebait. It is, therefore, clear that she did not exercise the power given to her under the Will in the manner laid down in the Will.