JUDGMENT

1. This was a suit by a plaintiff claiming to be the next reversioner under the Hindu Law to the estate of one Dewa. The said Dewa died leaving a widow, Umrao Kunwar. This lady has executed a Will bequeathing the property in her hands as widow of Dewa to one Tika Ram, son of Naidar, brother of the said Dewa. In the Will there is a recital to the effect that the bequest is made in accordance with oral directions given by Dewa. The plaintiff sought a declaration that the Will in question is void and ineffectual as against his interest and that Tika Ram, who was impleaded as defendant No. 2, will acquire no rights under the said Will. The Court of first instance dismissed the suit upon a preliminary point, holding that there had been no alienation by Umrao Kunwar of the property in her hands and that under the circumstances the mere execution of a Will would not afford a sufficient reason for granting a declaratory decree. It supported itself by a quotation from Mulla's Principles of Hindu Law. The learned District Judge on appeal has reversed the finding on the preliminary point and remanded the case for trial on the merits. He bases his decision upon the reported case of Jai