JUDGMENT

CHINNAPPA REDDY, J. :—The question in the appeal is about the construction of a will. The facts which are now not in dispute before us are as follows :

The testator, Pearey Lal Singh Bhatia died on 30-3-1952 leaving behind him a will dated 8-4-1944, a widow Lakshmi Devi being his second wife, a son Om Prakash by Lakshmi Devi, and the widow and daughters (Manmohini, Raj Kumari and Pramod Kumari respectively) of a pre-deceased son by a pre-deceased first wife. Manmohini and her daughter Raj Kumari had left the family house and moved away to Mathura while Pramod Kumari stayed on with her grand father and was brought up by him. Lakshmi Devi, widow of Pearey Lal Singh, died in 1958. We are now concerned with the title to a sum of Rs. 16,490/- lying in deposit with the State Bank of India and the District Co-operative Bank, Bulandshahr. Om Prakash claims the amount under the will dated 8-4-1944. The will, a registered one, was in the following terms :-

"I, Pyare Lal Singh, son of Babu Ghanshyam Narain Saheb, by caste Kshatriya Bhatia, resident of Mohalla Sheopuri, Bulandshahr, do declare as follows :-

I, the executant, am owner in possession of the property specified as given below in Schedules A, B and C. The property given in Schedules B and C has been purchased by me the executant, with my own funds in the name of my wife Smt. Lakshmi Devi and my son Om Prakash. In fact I, the executant, am the owner of it as well. The entire movable and immovable property, owned and possessed by me, is my self acquired property and is not ancestral property, and I the executant, have all sorts of rights to make transfer in respect thereof. Now I, the executant, am about sixty years of age and I have a wife, Lakshmi Devi, a son, Om Prakash, and two dear grand-daughters, Raj Kumari and Pramod Kumari, daughters of my first son Krishna Chandra Singh, M. A. L.L.B., who has already died in June, 1932, leaving behind his widowed wife Smt. Manmohini Devi, besides these two daughters aforesaid. Both the daughters of my deceased son aforesaid, who are my grand-daughters, are still minors. By way of prudence and for future management I, the executant, make a will as under :

That I, the executant, till I am alive, shall remain owner of my entire movable and immovable property, cash etc., which I possess at present or which may be added to it during my lifetime and which I, the executant, leave behind at the time of my death. After my death, if my wife Smt. Laxmi Devi remains alive, she will become owner of my entire estate with life interest, but she shall have no power to transfer any movable and immovable property. If my wife Smt. Lakshmi Devi predeceases me, then under such circumstances after my death my son Om Prakash, who has now appeared at the examination of the X class of the English School and who is 18 years of age, shall become permanent owner in possession of my entire estate and he shall be bound by the conditions laid down in this will. I and my wife shall be duty-bound to maintain and perform marriage etc. or my grand daughter Pramod Kumari and my son Om Prakash and it will be incumbent upon me and my wife to discharge that duty. My second grand-daughter Raj Kumari lives with her mother at Mathura. After the death of her father, she or her mother did not come to me and remained under the guidance of her maternal grand father and grand mother. Therefore, it is the duty of the mother of my grand daughter Rajkumari, who is a teacher in a girls school in Mathura city, to maintain her and perform her marriage. Even then I lay down for her as well that a sum up to Rs. 2,000/- may be given or spent for her marriage. Appropriate expenses are to be incurred over the education and marriage of my second grand daughter Pramod Kumari and my son Om Prakash, who are living with me and are getting education. My daughter-in-law Smt. Manmohini Devi aforesaid or her daughters aforesaid or my any other elation shall not have any right or share in my estate