RAMESHWAR BAKSH SINGH Vs. BALRAJ KUAR

JUDGEMENT

(1.) On June 4, 1918, one Babu Indarsen Singh, a taluqdar E of the estate of Dhaurwa situate in the Province of Oudh, died, leaving him surviving two widows, Annapurna Kuar and Balraj Kuar, and two daughters, namely Brijraj Kuar by his deceased wife Jadunath Kuar, and Hemraj Kuar by his wife Balraj Kuar. The senior widow, Annapurna Kuar, succeeded to B the entire property of her deceased husband ; and on November 22, 1923, she made a will by which she devised the property in dispute to the junior widow, Balraj Kuar, for her life, and, after the latter's death, to the two daughters of her husband in equal shares as absolute owners.

(2.) In June, 1929, Annapurna Kuar died, and the estate left by her was claimed by the surviving widow, but her claim was resisted by the sons of Babu Indarsen Singh's daughter, Brijraj Kuar. The revenue authorities, who dealt with the dispute in the first instance, accepted the counterclaim made by the sons of Brijraj Kuar ; and directed that the mutation of the estate should be effected in their favour.

(3.) Thereupon, Balraj Kuar commenced in May, 1930, the present action to recover possession of the property. She founded her title upon the will made in her favour by Annapurna Kuar in November, 1923, and it is common ground that she would be entitled to succeed to the estate, if Annapurna Kuar was competent to make the testamentary disposition in her favour. It is, however, clear that she could make the devise in question only if she had got an absolute estate from her husband.