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1932 Supreme(Oudh) 18
HIGH COURT OF OUDH
(Shri Mahraj) Nandeshwar Mahadeoji - Appellant
Versus
Mt Munni - Respondent
Decided On : 11-10-1932
JUDGMENT
1. The appellant asked for probate of a will dated 2nd January 1930, purporting to have been executed by one Mt. Subhaga, from the Court of the District Judge of Lucknow. Caveat was issued and the respondent, Mt. Munni, in response to the caveat, raised the question that the property which was the subject-matter of the will did not belong to the testatrix on the date of the will. The learned District Judge has decided this objection in favour of the cavoator and dismissed the application for probate. This is an appeal from that order.
2. The finding of the Court below that Mt. Subhaga had lost title in the property of which she made a disposition by her will of 2nd January 1930, long before the date of the will cannot be disputed and we accept it. It follows that the will is a nullity and must be treated as non est altogether. When there is no will in the eye of law there can be no probate in respect of it. The case might have been different if some of the property bequeathed had belonged to the testatrix and some had not. This case is not however of that nature. These proceedings obviouly do not purport to decide any question of title finally and any finding given on such a question is not conclusive. The appeal fails and is dismissed with costs.
