Judgment

SUBBA RAO, J. : This appeal raises the question of the construction of a will executed by one Girdhari Lal in the year 1897.

2. Girdhari Lal, a resident of Delhi executed a will dated February 8, 1897, bequeathing his property, both movable and immovable, to his wife, Mst. Kishen Dei, and adopted son. The adopted son predeceased Girdhari Lal. After the death of Girdhari Lal in 1923, Mst. Kishen Dei executed a will dated October 8, 1941, bequeathing the property in dispute i.e., house No. 2045, situate in Delhi, to her brother s grandson, Rameshwar Dass. One Peareylal, who is the defendant in this case, has been in occupation of a portion of the said house. After the death of Mt. Kishen Dei Peareylal refused to execute a lease deed in favour of Rameshwar Dass or pay him the rent in respect of the portion of the house occupied by him. Rameshwar Dass had therefore to file a suit in the Court of the Subordinate Judge Delhi, for evicting the defendant from the portion of the house occupied by him. The defendant, inter alia, pleaded that the plaintiff had no title to the said property, as Mst. Kishen Dei did not get an absolute interest therein under the will of her husband; he fu