RAMANANDI KUER Vs. KALAWATI KUER

JUDGEMENT

(1.) Harangi Singh of Bihar, a small town in the District of Patna, had two sons (1) Alak Prakash and (2) Gyan Prakash. Alak Prakash was given in adoption to Angat Singh, a wealthy inhabitant of the same town. On Angat's death, Alak Prakash, still a minor, inherited from him properties of considerable value, Harangi with his family, including Gyana Prakash, thereupon came to live with Alak Prakash in Angat's house and managed the properties as Alak's guardian till the latter attained majority. But even after that Harangi and Gyan continued to live with Alak Prakash in his house.

(2.) On February 27, 1913, Alak Prakash died of phthisis at Patna leaving a young widow, Thakurani Kuer, and an infant daughter Ranmandi Kuer, the appellant. In May following, an anonymous petition, purporting to come from a well-wisher of the minor daughter of Alak Prakash, was sent to the Collector of Patna in which it was stated that Harangi was trying to secure the property for his second son.

(3.) That petition was sent for enquiry to the Sub-Divisional officer of Bihar, who, on June 1, 1913, called upon Harangi Singh "to state what he has to say to these allegations" in the petition, fixing June 16 next for hearing. On that date a petition for two weeks time was filed on the ground that Harangi Singh 7 had gone on a pilgrimage to Jagannathji (Puri), Time was allowed till July 1, but on that day the enquiry was not further Proceeded with inasmuch as on the day previous, viz., June 30, 1913, application had been made to the District Judge of Patna on behalf of Gyan Prakash Singh for probate of the will alleged to have been executed by Alak Prakash on February 2, 1913. A general citation was affixed to the house of the deceased and another to the Court house in July. Affidavits by two out of the twelve attesting witnesses to the will were filed on July 30, 1913. Notices were issued to the widow and daughter of the testator and a report was made by the serving officer showing that service of the notices was acknowledged on behalf of a Thakurani Kuer "for self and as guardian of Ramanandi Kuer" by one Awadh Bihari Singh, who described himself as the sister's son of Thakurani Kuer. Thereafter the order of grant of probate was made by the District Judge on August 23, 1913, though questions having arisen as to the amount of the probate duty payable, probate was not actually issued till March 1914.