SITLA BAKHSH SINGH Vs. SITAL SINGH

JUDGEMENT

(1.) This appeal turns upon the construction of the Oudh Estates Act, I of 1869, au Act, the construction of which has been frequently before this Board. It arises in the following circumstances:

(2.) One Sher Bahadur Singh was the holder of a taluqa entered in the 1 and 3rd lists enumerated in Section 8 of that Act. He died on the 10 of June, 1899, having made a will, dated the 1 of December, 1895. The will contained a bequest of the taluqa in favour of his wife, who, however, died in his life-time, then of his mother, Dilraj Kunwar, and then of his daughter.

(3.) There might be points of difficulty as to the construction and efficacy of the bequests, but their Lordship's agree with the Courts in India that in the events which actually happened, Dilraj Kunwar obtained an absolute estate under the terms of her son's will. She entered into possession and died on the 12 of July, 1906. Thereupon the present disputes arose.