GANGA SAHAI Vs. BHARAT BHAN

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the learned District Judge of Saharanpur granting letters of administration, with the will annexed, of the estate of one Mt. Ishwari Devi to the Arya Prati Nidhi Sabha, a society registered under the Societies Registration Act, 1860.

(2.) The appellant contends that the Arya Prati Nidhi Sabha (to which it is convenient to refer as the Sabha) is not a "person" within the meaning of Section 236, Succession Act, and that no grant of administration can be made to it. That is the only question raised in this appeal, and the only question which it is necessary for this Court to consider.

(3.) Section 236 provides that: "Letters of Administration cannot be granted to any person who is a minor or is of unsound mind, nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made by the Provincial Government in this behalf." and the argument for the appellant is that the Sabha is a mere association of individuals and, admittedly not being a company, is not therefore entitled to the grant. Reliance was placed by the appellant on Mahashaya Krishna v. Mt. Maya Devi, A. I. R. (35) 1948 Lah. 54 : (49 P. L. R. 228) in which Acchru Ram J., held in a somewhat similar case concerning the same Sabha that the effect of registration under the Societies Registration Act was merely to confer upon the society certain privileges, and did not alter the nature of the association. I was at first disposed to accept this view, but Mr. Jagdish Sarup in his careful argument has convinced me that it is not correct.