NATWAR Vs. MTLOI

JUDGEMENT

(1.) The property in suit except hundis for Rs. 3,600 as to which there is dispute, admittedly belonged to one Dangal who had no male issue. He had, however, three daughters one of whom, Mt. Laltia, was married to the plaintiff-appellant. All the three daughters survived Dangal.

(2.) On 19 March 1903 Dangal executed a will bequeathing his entire property to Mt. Kalawati, the widow of his predeceased son, for life, with remainder to his three daughters, Mt. Loi, defendant 1, Mt. Lukyan, defendant 2, and Mt. Laltia, the plaintiff's wife, since deceased, in equal shares. The will also provides that in case on the death of Mt. Kalawati, any of his daughters be found to have predeceased leaving a son, such son would take the share of his mother, otherwise her share would devolve on her surviving sisters.

(3.) Subsequently on 30 April 1906 there was a partition between Dangal and some members of his family by which certain properties were assigned to Dangal, who added a testamentary clause to the deed in respect of what he received under the deed of partition. The devise contained in the deed of partition admittedly supersedes the will, dated 19 March 1903. Mt. Kalawati (the widow of the predeceased son) is given half of Dangal's property, the other half being devised to his three daughters, who are also declared entitled to succeed to Mt. Kalawati's half on her death. The parties are at variance as regards the interpretation to be placed upon the aforesaid clause, which is the main question calling for a decision in this appeal.