Judgement

SHAH,J. -: The following is the genealogical table explaining how the parties are related;

2. Raja Jagpal Singh was granted the taluqdari of the Tiloi Estate by the Government, and his name was entered as taluqdar in Lists 1, 2 and 5 prepared under S. 8 of the Oudh Estates Act 1 of 1869. He died on September 15, 1875, and was succeeded by his son Raja Surpal Singh as taluqdar of the estate. Raja Surpal Singh had no legitimate children. On June 13, 1900, Raja Surpal Singh executed a will disposing of his property and conferring upon wife Rani Jagannath Kuar power to adopt a son. Raja Surpal Singh died on June 21, 1900. Rani Jagannath Kuar adopted on February 21, 1901, a son who was known as Raja Bishwanath Saran Singh hereinafter called Raja Bishwanath . After the death of Raja Surpal Singh the Court of Wards took over the management of the Tiloi Estate and continued to manage it till March 30,1920 when it was released in favour of Raja Bishwanath. On August 29, 1932, Raja Bishwanath executed a deed of trust in respect of the Tiloi Estate and other properties primarily for the benefit of his creditors and the residue remaining after satisfying his debts for the benefit of his son Rajkumar Pasupatinath Saran Singh - hereinafter called "the Senior Rajkumar". Rani Jagannath Kuar died on August 7, 1933. On November 21, 1936, Raja Bishwanath revoked the deed of trust. On January 31, 1942, the Court of Wards again assumed management of the Tiloi Estate on behalf of Raja Bishwanath and continued to manage the estate till it was released on the abolition of the Estate under the U.P. Zamindari Abolition and Land Reforms Act 1 of 1951. On August 2, 1946, Raja Bishwanath executed a will bequeathing the Tiloi estate and its appurtenances to his son Rajkumar Mohan Singh -- hereinafter called "the junior Rajkumar". Raja Bishwanath died on November 8, 1946, and disputes arose soon thereafter between the Senior Rajkumar and junior Rajkumar- the former claiming the estate relying upon the deed of trust and the latter relying upon the will of the late Raja.

3. The Court of Wards instituted in the court of District Judge, Rai Bareilly, an inter-pleader suit on July 7, 1950 impleading the three windows of Raja Bishwanath, his three sons, and the deity Sri Jangannath Bahari Ji for whose benefit certain lands were settled under two deeds by Rani Jagannath Kuar. The District Judge held that the deed of trust executed by Raja Bishwanth was acted upon and was "not invalid and unenforceable" for any of the reasons set up by the junior Rajkumar and that the Senior Rajkumar was not precluded from claiming the estate relying on the trust deed. He further held that the provisions of S. 22 of the Oudh Estates Act, 1869, applied to the taluqdari estate held by Raja Bishwanath but not to his non-taluqdari property. Since, however, a major portion of the property was the subject matter of the trust under the deed executed in 1932, and the rest had been bequeathed in favour of the Junior Rajkumnar, the question of succession by lineal primogeniture did not arise in respect of any portion of the property which was the subject-matter of the suit. The Court further held that Item 210 of Sch. A to the plaint was not in possession of the Court of Wards and consequently in that respect an inter-pleader suit did not lie, and in respect of Items 8 to 12 of Sch. B to the plaint, the three sons of Raja Bishwanath had only a right of management as shebaits, that the deed of trust constituted a valid gift and the property included in the deed of trust was subject to the obligations created thereby, that Raja Bishwanath was fully competent to execute the deed of trust, and that the will dated August 2, 1946, executed by Raja Bishwanath in favour of Junior Rajkumar was operative in respect of the Items 102 and 112 of Sch. A of the plaint, and also in respect of Items 4, 5, 6 and 7 of Sch. B to the plaint and the other appurtenances of the Tiloi Estate which were not in