SRIMATI SABITRI THAKURAIN Vs. MRSFASAVI

JUDGEMENT

(1.) This is an appeal against an order of the Subordinate Judge of Monghyr passed under Order 23, Rule 3, Civil. P.C., directing that a compromise in a pending suit said to have been arrived at between the plaintiff (the appellant) on the one hand, and defendant 1 (Mr. Savi now dead) and defendant 2 (Suraj Mohan Thakur) on the other, be recorded. The case has a long history and in order to appreciate the various points raised it is necessary to have a general view of the protracted litigation. Ugra Mohan Thakur, a wealthy zamindar of Barari in Bhagalpur, died on 29 January 1914.

(2.) He left considerable properties though at any rate then burdened with heavy debts. He left surviving him his widow Savitri Thakurain (the appellant), three nephews (the sons of his half-brother Pran Mohan Thakur) and his mother Jugbati Debi. On 26 February 1914, i.e., within a month of his death, one Mr. Savi, who was the manager of the deceased's estate, filed an application before the District Court of Bhagalpur for the probate of a will said to have been executed by the deceased on 10 May 1913.

(3.) It was said that the whole of the will was in the hand-writing of the deceased himself and that he had deposited it personally with the District Sub-Registrar of Bhagalpur under the provisions of the Registration Act. It purported to be attested by the lady Savitri Thakurain herself. The will is not before us, but its main provisions which are relevant for the purposes of this appeal were that the estate 4 was to go to one of his nephewa (Suraj Mohan Thakur) as a residuary legatee and the widow Savitri Debi was to receive an allowance of Rs. 100 a month. The nature of this allowance is a subject-matter of controversy, namely, whether it was a maintenance or a legacy. Mr. Savi and one Hem Chandra Mitter were appointed executors.