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1946 Supreme(All) 108

MADELEY, MISRA
Far Prasad – Appellant
Versus
Ram Anand Prasad – Respondent


Advocates appeared:
Hyder Husein, For the Appellant / H.D. Srivastava, for Respondent, For the Respondent

JUDGMENT

Misra and Madeley, JJ. - This judgment will cover First Appeal No. 53 of 1942 and Miscellaneous Appeal No. 77 of 1941.

2. The facts of the case are that Raj Karan Lal was a resident of district Sultanpur. He practiced as a revenue Agent in Fyzabad. He acquired the property in suit, the bulk of which is situated it; Suitaupur district. IN 1906 HE opened a Vedic PailsPala at Pasli;for feeding the AIYA (sic) On the 20th December, 1907, i.e. executed await under which he decided his estate it his own two widows and the widow of his brother for life and the (sic)nder to I am Anand Prasad. the latter is the son of RajKaran Lal's brother's daughter, Pesides this povision there was a legacy of Rs. 25 per me(sic)em for the School at Kashi, but if a school could be opened in his owu village for the same purpose, this legacy was to be transferred to that school. On the 3rd November, 1911, he executed a deed of endowment of some of his prophecies in favour if the Arya Samaj Patbshala at Fyzabad. This deed of endowment is Exh. 2, and it contains among other things the following entry,

Momo: I had executed a will with respect to the rest of my property in favor of Bachcha Ram Anand daughte

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