Judgement

Appeal (No. 44 of 1928) from a decree of the Chief Court of Oudh (April 27, 1926) affirming a decree of the Subordinate Judge of Partabgarh (April 22, 1924).

66 Law Rep. 56 Ind. App. 372 ( 1928- 1929) Raghunath Prasad Singh V. Deputy Commissioner, Partab Garh 167

The suit was brought by Jagdeo Singh, the father (since deceased) of the appellants, who claimed that on the death of his younger brother, Partab Bahadur Singh, he was entitled to succeed as heir to their uncle Raja Ajit Singh, who died in 1889. The plaintiff contended that under the will of Ajit Singh, dated November 6, 1884, Partab took only a life interest, all the other provisions being invalid ; that upon Ajit Singhs death, Sitla Baksh Singh (the father of the plaintiff and of Partab) succeeded as heir subject only to the life estate of Partab, and that the plaintiff was entitled as successor of Sitla under the Oudh Estates Act, 1869, and by the custom of primogeniture.

The Chief Court (Stuart C.J. and Wazir Hasan J.), affirming the view of the trial judge, held that upon the true construction of the will Partab took an absolute estate. The suit was accordingly dismissed.

1929. July 13, 14, 17. Dunne K.C. an