Judgement

Appeal (No. 58 of 1945) from a judgment and decree of the former Court of the Judicial Commissioner of Oudh (June 4, 1918) as amended by Its successor the Chief Court of Oudh by its order (November 18, 1941) which modified a decree of the Subordinate Judge of Mohanlalganj (March 18,, 1916).

The following facts are taken from the judgment of the Judicial Committee. This appeal raised the question what, on the true construction of the will of Raj Gobardhan Singh, was the interest of the appellant thereunder in certain villages in the Kheri District in Oudh, and whether it was proper for the court to make a declaration in regard thereto.

Raj Gobardhan Singh, hereinafter called the testator." was a taluqdar owning lage estates in Oudh including ten villages with which the present appeal was concerned, hereinafter referred to as "the ten villages.” He executed his last will on November 13, 1903. At that time he had three Ranis and one child only, a daughter named Musammat Raj Kunwar who was then childless. His nearest male collateral was his nephew Raj Bachan Singh. On June 24, 1904, the testators daughter gave birth to a son, Raj Shatranjai, the appellant, and on July 26, 190