MOUJILAL Vs. MUSAMMAT CHANDRABATI KUMARI

JUDGEMENT

(1.) This is an appeal against two decrees of the Calcutta High Court dated the nth April 1905, which reversed certain decrees of the District Judge of Bha-gulpur.

(2.) The whole proceedings arise out of some conflicting applications for the grant of letters of administration to the estate of one Ishri Pershad, who died on the 31st July 1902. In the present appeal the only claims in question are those of the respondent Chandrabati, alleged to be a. daughter of the deceased, and that of the appellants, who base their claim on their position as somewhat distant agnates. It is admitted that the agnates are entitled if Chandrabati is not. The question therefore is, whether Chandrabati and a sister of hers, who is not a party to this appeal, are daughters of Ishri Pershad, and that again depends upon whether he was married to their mother Girjabati.

(3.) On that question the Courts in India have differed, the District Judge deciding against the marriage, and the High Court in favour of it.