Decided on August 03,1954

TEJO Appellant
CHHAPE RAM Respondents


- (1.) THIS is a defendant's appeal against the appellate decree of the Senior Subordinate Judge confirming the decree of the trial Court decreeing the plaintiff's suit for possession.
(2.) BHOLE Ram, the last male holder, made a will on 10-11-1934 in favour of his son and three daughters giving them one-quarter share each in his movable and immovable property, the property being self-acquired. His children were Labhdu, a son, Mst. Surmi, Mst. Ghelo and Mst. Tejo daughters. In the will he provided : "after my death my son Labhdu and my three daughters will be 'maliks' in equal shares of my property. Mst. Surmi and Mst. Ghelo will be maintained out of my property. If they get married, they will have no concern with the property and in that contingency of their shares Mst. Tejo, my daughter, will become the owner (Malik ). If Labhdu, my son, because of his being dumb cannot be married and he dies childless, then of the share of his property Mst. Tejo, my said daughter, will become the owner and she will perform the 'kirya karam' of Labhdu aforesaid. My collaterals will have no concern with this property. If they raise any dispute in regard to my property, then they will be considered to have no connection with it because of this writing. . . . . '
(3.) MST. Surmi died unmarried and Mst. Ghelo is still unmarried and the share of the former has been inherited by Tejo in accordance with the will. Labhdu, the son, did get married but he died in July or August 1945 leaving a widow Mst. Lohli who succeeded to his estate. On her remarriage the estate of Labhdu was mutated in the name of Mst. Tejo. Thereupon Chappe Ram, the real brother of Bhole Ram and 'chacha' (uncle) of the last male holder Labhdu, brought a suit for possession of one-quarter share, claiming that he was a preferential heir to the estate left by Labhdu to Mst. Tejo who is Labhdu's sister. Both the Courts below have held that the estate taken by Labhdu was an absolute estate and the gift over was inoperative. Mst. Tejo has come to this Court and claims under the provisions of the will.;

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