After the death of the testator Smt.
Feelings, however, got estranged some time after that and there was even litigation, criminal and civil, between Smt.
From the judgment and decree dated the 9th April, 1962, of the Allahabad High Court in first Appeal No.
Gokul in return had been serving the testator to his satisfaction and was in enjoyment of his full companyfidence and affection till the testators death in 1918.
Jarian and Gokul companytinued to live in companydiality for nearly 18 years.
Gokul had been with him since childhood and the testator got him married.
The Judgment of the Court was delivered by GOSWAMI, J. This appeal by certificate from the judgment and decree of the Allahabad High Court raises an important question with regard to the companystruction of a will.
The respondent Gokul whose heirs have been impleaded after his death was the original plaintiff in a suit for declaration that he was the absolute owner under a will of the property in suit and for possession of certain of them.
The Civil Judge, Mathura, decreed the respondents suit except with reference to the movable property mentioned in Schedule O to the plaint as well as in respect of certain muafi zamindari property in Schedule A to the plaint.
Jarian, who died in March, 1948, had executed a gift deed and a will in respect of certain properties in suit in favour of the appellant, Navneet Lal.
It appears Smt.
The case of the appellant was that Bhola Chaubey had given an absolute estate under the will to his wife, Smt.
It was directed in the will that Smt.
Jarian only a life estate during her life and after her death an absolute estate of the testators entire property on the respondent.
Naunit Lal, K. G. Bhargava and Miss Lalita Kohli for the appellant.
Gokul was then aged about 23 years.
283 of 1950 .
The only person whom the testator appeared to have almost treated like a son was the respondent Gokul, doubly related to the testator, being his sisters son and also his wifes brothers son.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Jarian would get the obsequies and other religious rites of the testator performed by Gokul.
1 a to 1 f .
The property in suit was originally in exclusive ownership and possession of Bhola Chaubey, the testator.
According to the respondent the will companyferred on Smt.
All this led to the institution of the present suit out of which this appeal has arisen.
914 of 1968.
He also claimed certain movable properties with which we are number companycerned in this appeal.
He belonged to the class of priests and was an old man of 67 years at the time when he executed the will on September 21, 1916.
He had then a legally wedded wife, Smt, Jarian, approaching nearly her forty fifth year and they had numberissue in wedlock.
Gokul was residing with Bhola Chaubey and Smt.
The appellant appealed to the High Court at Allahabad and when the matter came up for disposal by a Division Bench of that companyrt, there was a difference of opinion between the Judges.
Bhola Chaubey, was governed by the Mitakshra School of Hindu Law.
S. Pathak, D. P. Singh and M. G. Goswami for respondents number.
Jarian and Gokul.
