JUDGMENT

GOSWAMI, J.:—This appeal by certificate from the judgment and decree of the Allahabad High Court raises an important question with regard to the construction of a will. The respondent Gokul (whose heirs have been impleaded after his death) was the original plaintiff in a suit for declaration that he was the absolute owner under a will of the property in suit and for possession of certain of them. He also claimed certain movable properties with which we are not concerned in this appeal.

2. The property in suit was originally in exclusive ownership and possession of Bhola Chaubey, the testator, Bhola Chaubey, was governed by the Mitakshra School of Hindu Law. He belonged to the class of priests and was an old man of 67 years at the time when he executed the will on September 21, 1916. He had then a legally wedded wife Smt. Jarian, approaching nearly her forty fifth year and they had no issue in wedlock. The only person whom the testator appeared to have almost treated like a son was the respondent Gokul, doubly related to the testator, being his sister s son and also his wife s brother s son. Gokul had been with him since childhood and the testator got him married. Gokul in r