BHAGWANI KUER DEAD Vs. TAPESWARI KUER DEAD

JUDGEMENT

(1.) In this appeal by special leave the short question involved relates to an application of Section 141 of the Indian Succession Act to the facts of the case. This section reads as follows:

(2.) We may mention here that there was some previous litigation also between the parties. In Suit No. 144 of 1946, brought by the heirs of Shyam Narain Singh, against some of the defendants in the suit before us, the precise question before us for decision had arisen, but the High Court had not decided it. It had dismissed the suit on the ground that the plaintiffs had no locus standi. On the strength of that decision, the bar of res judicata is relied upon by the Defendants-Respondents before us as it was in the Courts below. But, as this appeal can be disposed of on the first question, already mentioned by us, relating to the application of Section 141 Indian Succession Act, we need not deal with the plea of res judicata.

(3.) The suit before us was filed by the heirs of Shyam Narain Singh for a declaration of the rights of Shyam Narain Singh in the property bequeathed, and for a declaration that the compromise decree in suit No. 74 of 1944 was fraudulent, collusive, invalid, and not binding upon the plaintiffs. The Trial Court and then the Additional District Judge of Patna, on the first appeal of the Defendants-Respondents before us, had decreed the plaintiffs' suit. The Additional District Judge had held that, by taking part in the cremation ceremonies and by helping the two legatees daughters-in-law of the testator, Shyam Narain Singh had manifested an intention to act as an executor before he died. The Additional District Judge had also taken into account the fact that the heirs of Shyam Narain Singh had taken some interest in the properties left by Achhaiber Singh by litigating for it. He thought that this was only possible if Shyam Narain Singh had himself manifested an interest in his rights under the will. This evidence was considered sufficient for holding that Shyam Narain Singh had manifested an intention to act as executor.