Judgement

Appeal (No. 57 of 1925) by special leave from a decree of the High Court (May 19, 1921) affirming a decree of the Additional District Judge of Aligarh (August 2, 1918).

The appeal, as it was ultimately presented, depended exclusively upon the true construction of a deed of settlement executed on September 4, 1875, by Jaswant Rao, the owner of an estate of great value in the Province of Agra.

The suit was instituted by the appellant, who claimed the estate as the only son of Balwant Singh, who died in 1899. A provision in the deed in favour of any son who should be born to Balwant being inoperative in Hindu law, the plaintiff by his plaint claimed that the estate conferred by the deed upon the Rani and her successor terminated upon his attaining his majority, and that he was entitled a3 heir to Jaswant Rao.

The deed of September 4, 1875, is fully set out in the judgment of the Judicial Committee.

The Additional District Judge, to whose Court the suit was transferred, found on the evidence that the plaintiff had failed to establish that he was the legitimate son of Balwant. He was also of opinion that on the true construction of the deed the plaintiff, even if his paternity