SHIAM SUNDER SINGH Vs. JAGANNATH SINGH

JUDGEMENT

(1.) This is a consolidated appeal from two decrees bo November, 25, 1924, of the Court of Judicial Commissioner of Oudh at Lucknow, which were pronounced in an appeal from the Subordinate Judge of Partabgarh. The question raised by the appeal is whether certain legacies in a will of the late Drigbijai Singh, a taluqdar of Athgawan, in the District of Partabgarh, are valid, and the answer to this question must be governed by the determination of the issue, which was the real issue in the Courts below, whether or not the legatees entitled to the benefit of these legacies, if valid, signed the will as attesting witnesses. The Court of the Judicial Commissioner held, affirming the decision of the Subordinate Judge, that this issue must be determined in favour of the respondents.

(2.) The testator, by his will, appointed his eldest son, Lai Bahadur Singh, as taluqdar after him, and gave to each of his three younger sons, Jagannath Singh, Kan Bahadur Singh, and Jang Bahadur Singh, certain villages out of the taluqa, to be held absolutely with heritable and transferable rights as under proprietors if and when they or any when wished to separate from their eldest brother; but "so long as they live in union among them selves with the taluqdar," the taluqa was to remain undivided, and the income therefrom was to be "spent on the whole family", alter paying government and village dues.

(3.) The testator also directed the division of his moveable property in case of a separation, and by paragraph 8 he declared :- I have executed this will with the consent of all my sons and have got them to sign it as witness with this very purpose so that this will may be acted upon fully and they may not quarrel among themselves after ray demise. As to the genuineness of the will there is no dispute. Admittedly, also, disregarding the signatures of the testator's four sons, the execution of the will is attested by a sufficient number of attesting witnesses, in conformity with the law in force in the Province of Oudh.