JOGESWAR NARAIN DEO Vs. RAM CHUND DUTT

JUDGEMENT

(1.) THIS appeal depends upon the construction of certain provisions made by the will of the late Rajah Mokund Narain Deo in favour of the Rani Doorga Kumari, his youngest wife, and of their son Jogeswar Narain Deo, the appellant. At the time of his death in November, 1870, the Rajah was possessed of an impartible paternal raj called Phoolkoosma, and also of a 6-annas share of the zemindary of Silda, which he had inherited from his maternal grandfather.

(2.) THE will, which was executed by the deceased upon March 15, 1869, appears to have been dictated by the apprehension that his youngest wife and her son would be unable to live peaceably with his eldest son, Jubraj Soonder Narain Deo, and the other members of the family after his death, and by his desire to prevent disputes arising between them after that event. The testator thereby directed that his elder son, now Rajah Soonder Narain Deo, should remain in possession of the whole 16 annas of his paternal estate of Phoolkoosma, subject to these conditions, that Rani Doorga Kumari and the appellant should get for their maintenance villages yielding an income of Rs.300, and should also retain possession of certain buildings which had already been assigned to them for their separate residence. Two of the 6-annas share of zemindary Silda were bequeathed by him to his successor in the raj. No question as to those provisions of the will is raised in this suit.

(3.) HIS intentions with regard to the respective interests which were to pass, under that gift, to mother and son, were declared in paragraph 7 as follows: Upon my death you and your sons and grandsons, &c, in due order of succession, shall hold possession of the zemindary, &c, according to the above distribution of shares. And I give to you the power of making alienation by sale or gift.