RAJ SHATRANJAI Vs. RAJ RAJ BAHADUR SINGH

JUDGEMENT

(1.) This appeal, which is brought against a decree of the Judicial Commissioners of Oudh dated the 4 June 1918, as varied by an order of the Chief Court of Oudh dated the 18 November 1941, modifying a decree of the Subordinate Judge of Mohanlalganj of the 18 March 1916, raises the question what upon the true construction of the will of Raj Gobardhan Singh is the interest of the appellant thereunder in certain villages in the Kheri District in Oudh and whether it was proper for the Court to make a declaration in regard thereto.

(2.) Raj Gobardhan Singh who will be called "the testator" was a taluqdar owning large estates in Oudh including ten villages with which the present appeal is concerned and which will be referred to as "the ten villages". He executed his last will on the 13 November 1903. At that time he had 3 Ranis and one child only, a daughter named Mt. Raj Kunwar who was then childless. His nearest male collateral was his nephew Raj Bachan Singh.

(3.) On 24 June, 1904, the testator's daughter gave birth to a son Raj Shatranjai, the appellant, and on 26 July 1904, she died. The testator died on 8 March 1905. He was survived by his three widows, and by the appellant and Raj Bachan Singh.