RANI MUNIA Vs. SURENDRA BIKRAM SINGH

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the Chief Court of Oudh at Lucknow dated 15 October 1943, which partly reversed and partly affirmed a judgment and decree of the Civil Judge of Malihabad, Lucknow, dated 9 April 1941.

(2.) The appeal arises out of proceedings brought by the appellants in which they claimed inter alia possession of three villages, Mohammadpur Saraiyan, Jam Khanwan and Agasar. The title to these three villages is now the only matter in dispute. The rights of the parties depend upon the true construction of a deed of family settlement dated 4 October 1923, the appellants contending that under it Bhagwan Bakhsh Singh was either entitled to these villages absolutely or was entitled to dispose of them by will, and the respondent contending that he had no such interest or power.

(3.) The Civil Judge held that Bhagwan Bakhsh Singh was absolutely entitled to the villages. The Chief Court held that he was entitled to a life interest only and had no power of disposition by will.