NAND RAM Vs. MST. VIDYA

JUDGEMENT

(1.) This is a Plaintiff's second appeal arising out of a suit for declaration.

(2.) One Khemi Ram died on September 30, 1932, leaving behind three widows and a daughter Vidya. The widows were Khunkhi, Nengu and Durga. Vidya is the daughter of Nengu. On Khemi Ram's death a part of his property was mutated in the names of his three widows. We are not concerned with the remaining part of the property. Khunkhi died in 1953 and her interest in the property developed in equal shares on the surviving widows Durga and Nengu. Nengu died in 1960 and Vidya succeeded to her share in the entire property. On February 27, 1965, Durga, the sole surviving widow executed a will in favour of Nand Ram in respect of the property which remained to her share. Nand Ram is the son of Durga by a former husband. Durga died on March 8, 1965. Nand Ram filed a suit, out of which the present appeal arises, for a declaration that he is entitled to Durga's property on the basis of the will mentioned above and is entitled to remain in possession thereof.

(3.) The suit was contested by Vidya. She asserted that shortly before his death Khemi Ram had executed a will making her owner of the property but giving the property to the three widows as limited owners for their maintenance without any right of alienation and, therefore, it was pleaded that any will made by Durga could have no legal effect.