BINJRAJ MARWARI Vs. JOGESWARI DEVI

JUDGEMENT

(1.) One Tejendra Narain Singh, owner of seven annas share in what is known as the Barwari Estate, died on March 25, 1921, leaving a will dated April 13, 1920, whereby he appointed one Tribeni Prosad Singh and Sahadev Prosad Singh as his executors. On February 18, 1929, the said Tribeni Prosad Singh and Sahadev Prosad Singh obtained probate of the said will. On January 16, 1932 Sahadev Prosad Singh died with the result that Tribeni Prosad Singh became the sole executor.

(2.) On March 16, 1936, the said Tribeni Prosad Singh borrowed a sum of Rs. 3,100 in Calcutta within the jurisdiction of this Court. On March 18, 1936, the said Tribeni Prosad Singh borrowed a further sum of Rs. 300 at Bhagalpur outside the said jurisdiction. On March 18, 1936, Tribeni Prosad Singh executed a promissory note at Bhagalpur for Rs. 3,400 payable with interest at the rate of Re. 1-4-0 per cent, per mensem with yearly rests.

(3.) On February 2, 1937 Tribeni Prosad Singh died leaving his son Rohini as his only heir.