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1935 Supreme(SC) 43

(Kunwar) Rameshwar Bakhsh Singh and others – Appellant
Versus
(Thakurain) Balraj Kuar and others – Respondent


Advocates Appeared:
T.L. Wilson , C. Naimullah, S. Hyam , L. DeGruyther, M.A. Jinnah, W.A. Upjohn

Sir Shadi Lal:-

On 4th June 1918, one Babu Indarsen Singh, a talukdar of the estate of Dhaurwa situate in the Province of Oudh, died, leaving him surviving two widows, Annapurna Kuar and Balraj Kuar, and two daughters, namely, Brijraj Kuar by his deceased wife Jadunath Kuar, and Hemraj Kuar by his wife Balraj Kuar. The senior widow, Annapurna Kuar, succeeded to the entire property of her deceased husband and on 22nd November 1923, she made a will by which she devised the property in dispute to the junior widow, Balraj Kuar, for her life, and, after the latter's death, to the two daughters of her husband in equal shares as absolute owners. In June 1929, Annapurna Kuar died, and the estate left by her was claimed by the surviving widow, but her claim was resisted by the sons of Babu Indarsen Singh's daughter Brijraj Kuar. The revenue authorities, who dealt with the dispute in the. first instance, accepted the counter claim made by the sons of Brijraj Kuar; and directed that the mutation of the estate should be effected in their favour.

Thereupon, Balraj Kuar commenced, in May 1930, the present action to recover possession of the property. She founded her title upon the will made in her



















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