Lord Thankerton:-

This appeal relates to the estate of Dushashan Singh, who died childless on 21st March 1912, leaving a widow, Lachmi Kuer, who died on 7th January 1921. The suit was brought on 21st November 1933 by Kunwarani Bala Kunwar, the niece of Lachmi Kuer, who claimed the estate by virtue of a written will, alleged to have been executed by Dushashan Singh in or about December 1911, some three months before his death, but which had been lost or destroyed and could not be produced. The defendants claim right to the estate as being entitled to the reversionary right on the death of the widow. The only issue in the suit was "Did Dushashan Singh make a will in favour of the plaintiff and is she owner of the property in suit by virtue of the will?" The Additional Subordinate Judge of Mainpuri, before whom the suit was tried, held that the plaintiff had failed to prove the alleged will and on 12th April 1924 he dismissed the suit. On an appeal by the plaintiff, the High Court of Judicature at Allahabad, by decree dated 14th November 1927, set aside the decree of the Subordinate Judge and decreed the suit of the plaintiff for declaration that she was the owner of the property in su