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2016 Supreme(SC) 897

R.K.AGRAWAL, ROHINTON FALI NARIMAN
Madhuri Ghosh – Appellant
Versus
Debobroto Dutta – Respondent


JUDGMENT

R.F.Nariman, J.

1. Leave granted.

2. The present appeal arises out of a judgment dated 5th July, 2013 passed by the High Court of Allahabad in which a second appeal has been allowed reinstating the trial Court decree, in which a certain Will has been construed to confer only a life interest on the plaintiffs.

3. The brief facts necessary to decide this appeal are as follows.

4. By a registered Will dated 21st January, 2000, one Ajit Kumar Ghosh bequeathed House No.77, Ram Bagh, Allahabad to his wife and elder daughter jointly. He went on to state in the aforesaid Will that after the death of his wife and his elder daughter, various other lineal descendants would become owners of specified parts of the immovable property, namely, House No.77. Since the bone of contention revolves around the correct construction of this Will, paragraphs 2 and 4 of the Will are set out herein:

“2. That house no.77, Ram Bagh, Allahabad was inherited by me from my mother Smt. Subodh Bala Ghose vide registered Will dated 27.2.83 and I am the absolute owner of said immovable property. So long as I am alive I shall be the exclusive owner of the said property and after my death my said house no.77, Ram























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