Judgement

Consolidated Appeals (No. 59 of 1929) from four decrees of the Chief Court (three dated November 9, 1926, being in execution cases, and one dated March 9, 1928, in a suit upon a mortgage) ; each of the decrees affirmed a decision of the Subordinate Judge of Fyzabad.

The appeals related to the will of a taluqdar whose estate was included in lists 1 and 5 prepared under s. 8 of the Oudh Estates Act, 1869. In each of the appeals the question for determination was whether in respect of property mentioned in clause 4 of the will the testators son Sitapat Ram took an absolute or life estate.

Both Courts in India held that he took an absolute estate.

Clauses 3 and 4 of the will were as follows "3. Taluqa Rasulpur in which are comprised the villages entered in list III. at the foot of this deed and which I got after the death of my father according to the rule of succession given in Act I. of 1869 and which I have made secure for ever under the Oudh Settled Estates Act, i.e., Act II. of 1900. My eldest son, Sitapat Ram, and his eldest son shall get the said taluqa under the rule of succession laid down in Act I. of 1869. 4. Besides the villages comprised in Taluqa Rasulpur entere