THAKUR UMRAO SINGH Vs. THAKUR LACHHMAN SINGH

JUDGEMENT

(1.) This is an appeal from a decree of the Court of the Judicial Commissioner of Oudh reversing the decision of the Subordinate Judge of Sitapur.

(2.) The dispute between the parties relates to the right of succession to one-third of the estate of Ramkote, of which a Hindu gentleman, named Kalka Bakhsh Singh, was the last owner.

(3.) In the course of the discussion before this Board the controversy was reduced to two questions and two questions only--(1) was a certain document executed by Kalka Bakhsh on the 23rd of May 1884 a testamentary or a non-testamentary instrument? (2.) Is that question now open having regard to the course of the proceedings in the Courts below?