( 1 ) THIS is a decree-holders appeal against the decree of Shri R. P. Verma, Civil Judge, mohanlalganj, Lucknow, dated 24-9-1947, holding that the decree in execution is declaratory only and therefore cannot be executed.

( 2 ) IT appears that while the estate of Nanpara was under the Court of Wards, the proprietor, Raja mohammad Siddique, executed a will on 8-1-1906. He had at the time four wives, Rani Saltanat begam, the present appellant, Rani Dilaphja, Rani Champa and Rani Nasim Sahri, All these ranis were under the will given the right to adopt a son to the Raja. The right was to be exercised by Rani Nasim Sahri first within a certain specified time, and if she failed to do so, the power was to be exercised next by Rani Saltanat Begam, appellant, and in case of default, the other two Ranis in their turn were given the power to adopt. The right of adoption was to be forfeited on the remarriage of a wife. The Raja of Nanpara had two sisters, Rani Kafiiz Begam of utraula and Rani Sarfaraz Bagam of Mohamdi. After his death on 30-12-1907, disputes arose in respect of the estate, and among the rival claimants were the four widows and the two sisters and some others.