JANKI SARAN SAHI Vs. RAMBABADUR SAHI

JUDGEMENT

(1.) This is an appeal against two orders of the District Judge of Muzafferpur, one dated 12 February 1930 and the other dated 14 February 1930.

(2.) By the first of these orders the learned Judge held that the present appellant had no locus standi to object to the grant of letters of administration in respect of the estate of one Mt. Lakho Kuer. The case of the applicants for letters of administration was that Mt. Lakho Kuer had executed a will dated 5 August 1928, in their favour in respect of certain properties which she acquired under a deed of gift dated 19 November 1923, executed by her husband Ramnandan Sahi in her favour. The objectors alleged that Ramnandan Sahi had no right to execute the gift and that the testatrix Mt. Lakho Kuer obtained no title under the gift to the estate in respect of which letters of administration could be granted. The learned Judge held that the objectors had no locus standi to object to the grant inasmuch as they were claiming as the nearest agnates of the husband of the testatrix and as such entitled to all the properties covered by the will.

(3.) It was contended before the learned Judge that Ramnandan Sahi had renounced the world and had become an ascetic and that therefore he had no right to execute a deed of gift in favour of his wife. But it had been held in a previous litigation that it had not been proved that Ramnandan had renounced the world. The learned Judge therefore held that if the objectors wanted to object to the grant they must establish that Ramnandan had become an ascetic after the date of the judgment in the previous litigation, and he made an observation to the effect that they must establish it in a proper suit and if they succeeded therein it would be open to them to move the Court for revocation of letters of administration. By the second order of 14 February 1930 the learned Judge held that the will had been proved and ordered the issue of letters of administration on furnishing security.