BRIJKISHORE SINGH Vs. SMNAZUK BAI

JUDGEMENT

(1.) One Dhan Singh, a person a governed by the Mitakshara School of Hindu law, died on 11- 10-1922 at Karagpur in the District of Midnapore. He migrated to Bengal from the Central Provinces. By carrying on the business for a contractor and other businesses in the District of Midnapore including a business of sale of country liquor he acquired considerable properties, both movable and immovable. He left behind him his wife an adopted son of the name of Puran Singh, a Mohamedan mistress, Mustani Bai, two children by her, Nazuk Bai and Fakir Singh, and a number of nephews?brother's sons and sister's sons. Both his adopted son and his illegitimate children were minors at the time of his death. Two days prior to his death he executed a will by which he appointed his sister's sons, Hari Singh and Sital Prasad, as executors. Both of them obtained probate of his will on 8-10-1923 from the District Judge of Midnapore on an application made by them in January 1923. Shortly after the grant of probate Sital Prasad died and Hari Singh continued to be the sole executor.

(2.) On 22-11-1929 Puran Singh, then a minor represented by his next friend Dal Chand, who was his natural father, instituted a suit in the Court of the Additional District Judge at Nagpur in the Central Provinces against Hari Singh, and the legatees, who were to take under the will of Dhan Singh or their heirs. In the suit, Nazuk Bai and Fakir Singh, who were then minors, were represented by their mother Mustani Bai. Nazuk Bai was then a married girl, her husband being Abdul Majid Khan. The suit proceeded upon the basis that the properties dealt with by Dhan Singh in his will were not his self-acquired properties but were his ancestral properties and accordingly the said will, was illegal and inoperative. He prayed for possession on the basis of his title as Dhan Singh's adopted son (Ex. 10). A consent decree was passed in that suit on 28-4-1930, (Ex. 10 (a)), Mustani Bai purporting to give consent on behalf of her minor children. By consent the will was declared, inoperative and invalid and the probate ineffective; some moneys were to be given to the other nephews of Dhan Singh or their heirs and Rs. 2500 to Mustani Bai and her children. Hari Singh took the liquor business and brick manufacturing business and Puran Singh got the rest of the properties. On 30 April following Dal Chand was appointed receiver by consent with power to realise all movables and debts due to the plaintiff of that suit and to place them at the disposal of the Court.

(3.) Dal Chand had already been appointed guardian of the person and property of Puran Singh by the District Judge of Midnapore, On Puran Singh attaining majority he was discharged from his guardianship in 1931 and Puran Singh admitted in his petition to the said District Judge that he had received on 10-10-1931 all his properties from his ex. guardian, Dal Chand.