JUDGMENT

Kapadia, J.-Both the above civil appeals raise common question of law and fact and, therefore, they are disposed of by this common judgment. For the sake of convenience, facts in Civil Appeal No. 1257 of 1999 are mentioned hereinbelow.

2. Late Sardarni Chanan Kaur widow of Sardar Triloki Nath Singh (deceased) was the owner of a kothi and lands admeasuring 90 kanals bearing khasra No. 4971 situated at Circular Road, Kapurthala (hereinafter referred to for the sake of brevity as "the said property"). It is not in dispute that late Sardarni Chanan Kaur was the owner of the said property and that she had executed a registered will on 15.9.1962, whereby she bequeathed the said property to the State Government through Randhir Jagjit Hospital, Kapurthala (hereinafter referred to for short as "the said Hospital"). The bequeath in respect of the said property was made vide paragraph 2 of the will which is reproduced herein below :-

"I bequeath my bungalow situated at Circular Road, Kapurthala, known as kothi "S. Tirloki Nath Singh" to Randhir Jagjit Hospital, Kapurthala, absolutely and for ever for the use of as a ward of the Hospital patients as and this estate should not be used or