Lord Russell Of Killowen.:-

This is an appeal by the plaintiff from a decree of the Chief Court of Oudh dated 9th September 1936, which reversed a decree of the Subordinate Judge of Bahraich, dated 31st July 1934, and dismissed the plaintiff's suit. It is necessary to set forth the history of the matter in some detail, in order to make plain the nature of the plaintiff's claim and the circumstances in which it arises.

Raja Mohammad Siddique Khan (herein, after referred to as the testator) was the owner of the Nanpara Estate in Bahraich, Oudh. He made a will dated 8th January 1906, and died, sine prole, on 30th December 1907. There were many claimants to the estate, some relying on the will and others contesting it. The estate had since the month of February 1905, been under the management of the Court of Wards, and, in view of these rival claims, the Court of Wards instituted, on 28th April 1908, an interpleader suit in the Court of the Subordinate Judge, of Bahraich. The suit was at a later date transferred to the Additional Subordinate Judge of Lucknow.

The original defendants to the suit were nine in number. Rani Qamar Zamani (defendant 1) contested the will and claimed the testato