CHHATRA KUMARI DEVI Vs. MOHAN BIKRAM SHAH

JUDGEMENT

(1.) The facts in this case have been stated with admirable clarity and precision in the judgment of the High Court and their Lordships will only restate them so far as is necessary for the understanding of the conclusions to which they are led.

(2.) Raja Mohun Bikram Shah, scion of the royal house of Nepal, but resident at Benares, died on 18 April 1912. He was the owner of a valuable estate known as the Ramnagar Raj, and of other property in Benares. It was contended in the Courts in India that this property was all " ancestral " in his hands, but both Courts have negatived the contention. The question has been raised again before the Board, but their Lordships do not think it necessary to discuss the matter at length as they are satisfied that the conclusion come to in India on this point is correct. The Raja had married four wives, of whom the youngest, Sri 5 Rani Chhatra Kumari Devi, survived him. It will be convenient to refer to her as the appellant and to Prince Sri 5 Mohan Bikram Shah, the other person principally concerned in the present appeals, as the respondent.

(3.) The Raja's only son born to him of the appellant, died in infancy in 1897. He made three wills, which have given rise to this litigation. The first is dated 12 October 1901. The material terms are as follows : " (2) If I adopt any boy in my lifetime and he be alive at the time of my death, such adopted son will be the proprietor of the whole of my property." (3) If I have no son from any of the Ranis at the time of my death or I do not adopt a son or I adopt a son, and he dies in my lifetime, then after my death, Rani Chhatra Kumari Devi shall have the power and I permit her to adopt a boy from my family, viz., from the family of Sri 5 Miharaji of Nepal, and if the boy dies she will adopt another boy from the same family, I permit Rani Chhatra Kumari Devi to adopt up to four boys in this manner, one after another, and the boy who will be adopted according to the conditions laid down in this paragraph will be the proprietor of the whole of my property. (5) If, at the time of my death, I do not have any son from any Rani or my adopted son be not alive, then up to the time of her adopting a son, Rani Chhatra Kumari Devi will be the proprietress of the whole of my property ; but she will have no power to transfer, mortgage, give in birth or mukirrari lease any portion of the property. (7) If at the time of my death there be no son of mine or I do not adopt any boy, or I adopt any boy, but he dies during my lifetime, or Rani Chhatra Kumari does not adopt a boy then after the death of Rani Chhatra Kumari Devi such person will get my property as may be entitled to get according to the shastras."