MOHAN LAL Vs. GOPAL LAL

JUDGEMENT

(1.) This second appeal is filed by the plaintiff, Mohan Lal, whose suit for possession as a reversioner was decreed by the trial Court but was dismissed by the lower Appellate Court. The appellant plaintiff set up the following pedigree:

(2.) (for pedigree see p. 348)

(3.) The plaintiff and his cousin, Bans Gopal who was alive at the time of the plaint were the two nearest reversioners of the deceased, Babu Ram, son of Debi Din. This man is not to be confused with another Babu Ram appearing in the same pedigree. As Bans Gopal did not join in the suit, the plaintiff claimed one-half share of the property. Against the claim of the plaintiff the defendant Gopal Lal set up a registered will executed on 1 December 1902 by Babu Ram. The trial Court held that defendant had no interest under that will and the lower Appellate Court has held to the contrary. The will sets out as follows: I, therefore, in order to keep my name as also that of my forefathers alive make the following will while in a sound state of body and mind and in full possession of my senses without the coercion and compulsion of anyone else, in respect of the property of the value of Rs. 3000 in favour of my daughter, Mt. Janki and my daughter's son Sitaram. The conditions of the will are as follows: 1. I shall be the owner of the entire property and shall enjoy all the rights and power relating thereto throughout my life. 2. On my death my daughter, Mt. Janki and my daughter's son, Sitaram shall be the owners of my entire property according to the Shastras. 3. Out of both the legatees my daughter, Mt. Janki shall have life interest but she shall be the first owner throughout her lifetime and after her death my daughter's son, Sitaram shall be the absolute owner of the entire property. 4. Sri Thakurji Mahraj is installed in a kothri on the upper storey and the worship of the said Thakurji is performed daily and annually for generations. I therefore make a will to this effect also that the legatees, their heirs and representatives shall perform the worship of Sri Thakurji Maharaj in the same way and according to the same system as is done in my lifetime. Should the legatees or their heirs and representatives show negligence in the worship or spending money on that account or per chance stop the worship, the panches of all the members of my brotherhood at Allahabad shall be authorized to see that this worship continues. 7. The legatees or their heirs and representatives shall not have the right of transfer of the property at any time under any circumstance. 8. After the death of Champa Bibi, I, the executant, if I remain alive, shall be the owner of her property and after my death, Sitaram and Mt. Janki or their heirs and representatives shall be the owner. 9. If Mt. Champa Bibi leads a moral life she shall remain the owner of the property throughout her life and if she goes astray and leads an immoral life the legatees and their heirs and representatives shall have power to take possession of the property.