Judgment

MAHAJAN, J.: This appeal is directed against a judgment of the High Court of Judicature at Calcutta, dated 27-6-1950, affirming the judgment of S. R. Das Gupta J., dated 8-7-1949, in Suit No. 3798 of 1948.

2. The principal question to be determined in the case was whether upon a proper construction of the will, dated 14-3-1927, of Raja Prafulla Nath Tagore, deceased, the Administrator-General of Bengal was entitled to possession of a house known as "Tagore villa" at Alambazar for a period of 15 years as provided in the said will. The High Court answered the question in the affirmative. This answer is in challenge in this appeal before us.

3. Raja Prafulla Nath Tagore, a Hindu governed by the Dayabhaga School of Hindu Law, died on 2-7-1938, leaving him surviving his widow and five sons. Kumar Purnendu Nath Tagore, the appellant, is his eldest son. On 14-3-1927, the late Raja executed his last will and testament. Clause 82 of the will is in these terms:

"I give my Alambazar Garden House "Tagore Villa together with all articles of furniture to my eldest son Sriman Purnendu Nath Tagore. On the expiry of the term of office of the Executors and Trustees, Sriman Purnendu Nath shall