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PETITIONER: RAJ BAJRANG BAHADUR SINGH
Vs.
RESPONDENT: THAKURAIN BAKHTRAJ KUER.
DATE OF JUDGMENT: 07/11/1952
BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. AIYAR, N. CHANDRASEKHARA BHAGWATI, NATWARLAL H.
CITATION: 1953 AIR 7 1953 SCR 232 CITATOR INFO : RF 1963 SC 890 (17) R 1976 SC 794 (8)
ACT: Oudh Estates Act (I of 1869) s. 14- Will of Taluqdar-Bequest as absolute owner" without right to transfer-Validity- Succession to legatee whether governed by Act or ordinary law-Creation of successive estates - Validity-Rule against perpetuities-Construction -"Malik Kamil", "Naslan bad naslan".
HEADNOTE: The Oudh Estates Act (Act I of 1869) does not interdict the creation of future estates and limitations provided they do not transgress the rule of perpetuities and where a disposition by a will made by a taluqdar does not make the legatee an absolute owner but gives him only an interest for life which is followed by subsequent interests created in favour of other persons the rule of succession laid down in s. 14 of the Act will not apply on the death of the donee and the property bequeathed to him will pass according to the will to the next person entitled to it under the will, 233 The words malik kamil (absolute owner) and naslan bad naslan (generation after generation) are descriptive of a heritable and alien...