9911796707
TMI Blog1896 (2) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... upon the 15th March 1869, appears to have been dictated by the apprehension that his youngest wife and her son would be unable to live peaceably with his elder son, Jubraj Sunder Narain Deo, and the other members of the family after his death, and by his desire to prevent disputes arising between them after that event. The testator thereby directed that his elder son, now Raja Sunder Narain Deo, should remain in possession of the whole sixteen annas of his paternal estate of Phul Kusna, subject to these conditions, that Rani Durga Kumari and the appellant should get for their maintenance villages yielding an income of ₹ 300, and should also retain possession of certain buildings which had already been assigned to them for their separ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Rani, in consideration of a sum of ₹ 25,000 paid to her by Ram Chundra Dutt, and the other respondents in this appeal, executed in their favour a mourasi mokurari potta in perpetuity of what is therein described as her own two annas share of the four annas share of the zamindari Silda bequeathed to herself and the appellant. Upon his attaining majority, the appellant brought the present suit, for the purpose of having it judicially declared that the potta thus granted by his mother was null and void in so far as it extended beyond her own lifetime. The only ground of action disclosed in his plaint was that, according to the true construction of the will, the Rani took a right to maintenance out of the four annas share in question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e High Court ought to be affirmed. It is no doubt true that the gift of the four annas share of Silda appears to be made to the Rani and the appellant "for your maintenance"; but these words are quite capable of signifying that the gift was made for the purpose of enabling them to live in comfort, and do not necessarily mean that it was to be limited to a bare right of maintenance. That no such limitation was intended by the testator appears from the language of the gift, which clearly shows that the interest given is an estate of inheritance, with express power to the donees of making alienation by sale or gift. Then the gift to both is made, not in similar language merely, but under the very same words. If there had been a gift ..... X X X X Extracts X X X X X X X X Extracts X X X X
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