RAI BISHUNATH PRASAD SINGH Vs. RANI CHANDIKA PRASAD KUMARI

JUDGEMENT

(1.) In this case many questions were canvassed in the Courts in India, but all, except one, have passed into history. They survive merely as an excuse for the over elaborate and bulky record which is before their Lordships.

(2.) The one issue which remains effective concerns a moiety share of a taluqa known as Jakhanian in the Jaunpur district in the province of Agra which by a registered deed of gift dated September 16, 1862, was given by Pirthipal Singh, the head of his family, to Musammat Balraj Kunwar his daughter-in-law. The question is whether that lady had under the deed power to make alienations of the property giving to the respondents titles which are valid after her death. That question has been answered in the affirmative by the Subordinate Judge of Jaunpur and the result is embodied in his decree of December 21, 1921, which on appeal was affirmed by a decree of the High Court of Judicature at Allahabad, dated March 2, 1926. The surving plaintiff claiming under the donor Pirthipal Singh who is long since deceased again appeals.

(3.) The deed in question is short and in terms simple. Its true effect falls to be determined by the construction placed upon the following passages from it, read together :- A moiety share of taluqa Jakhania...belongs to me by virtue of purchase made at auction...As I have attained old ago now, as it is possible that some dispute might arise after my death, and as it is my desire to make some arrangement for the support and maintenance of Musammat Balraj Kunwar, my daughter-in-law. I the executant have...made a gift of the entire above mentioned property...i.e., the Zamindari rights appertaining to a moiety share of the above-mentioned taluqa to my daughter-in-law...for her support and maintenance. I declare and give it in writing that the said Musammat should remain absolute owner (malik mastakil) of this property under this deed of gift and pay the Government revenue. I, the executant, and my heirs and representatives neither have nor shall have anything to do with the above-mentioned gifted property. If any person brings any sort of claim in future it shall be considered false and invalid in face of this document. I shall get the name of the said donee to be entered in the Government papers under this deed.