NAND KUMAR SINGH Vs. CHANDER KISHORE SARAN

JUDGEMENT

(1.) This appeal arises out of an application, filed by one Chander Kishore Saran for grant of pro- bate of the Jast will of Ramrati Kuer, widow of Ram Kishore Saran. The Additional District Judge of Patna, by his judgment dated 21-8-1947, held that the applicant was wife of Ram Kishore Saran. The objector, Nand Kumar Singh alias Nanhoo Singh, is the son of the daughter, named Kamla Kuer, by the first wife, named Barti Kuer, of Ram Kishore Saran.

(2.) Ramrati Kuer died at Ayodhya in the district of Fyzabad in Uttar Pradesh on 27-12-1940. She was a resident of a village called Gopalpur, police station Maner, in the district of Patna where her husband used to live. Since some time prior to her death, she had been living at Ayodhya, and had been ill. The evidence is that she used to come to her village, Gopalpur, from Ayodhya twice in the year, that is, in the months of May and September. For the last time she had gone to Gopalpur in the month of September 1940, and, on her way back to Ayodentitled to the grant of probate as prayed for, and thus allowed the application. This appeal was, accordingly, filed by the objector, Nand Kumar Singh alias Nanhu Singh. The following pedigree will disclose the relationship between the applicant and the objector.

(3.) Kali Charan was one of four brothers, and he had two sons, Ram Kishore Saran and Raj Kishore Saran. The applicant, Chandra Kishore Saran, is one of the tnree sons of Rajkishore Saran. The will in question is said to have been executed by Ramrati Kuer, the second hya, she stayed in Patna. and had executed her will on 22-9-1940, in favour of Chandra Kishore Saran. Ramrati Kuer herself had no issue. Her husband, Ham Kishore Saran, had given her all his properties before his death and after separation from his brother and other agnates by executing a deed of gift on 5-8-1923, in her favour. The execution of this deed of gift is not disputed. In the absence of such a deed of gift, Ramrati Kuer would have certainly succeeded to all the properties of her husband, but she would have obtained only a life interest, and on her death, the properties would have passed to the daughter (named Kamla Kuer) of her husband by his first wife, and who would be her step-daughter. Ramrati Kuer hud brought up Chandra Kishore Saran as her son since the life-time of her husband, and had been much attached to him. She had even executed two deeds of gift in 1927 and 1936, respectively in respect of two houses in favour of Chandra Kishore Saran prior to the execution" of her will, and then, finally, decided to give Chandra Kishore Saran the rest of the properties, of which she was possessed, and this she did by the execution of the said will on 22-9-1940,