SM SULOCHANA DEBI Vs. MTPURANJAYA

JUDGEMENT

(1.) This is an appeal from the decision of the Additional District Judge of Bhagalpur granting letters of administration with the will annexed to one Mt. Puranjaya, widow of Bam Krishna Jha, by his judgment dated 6-12-1945.

(2.) The appeal is by one Mt. Sulochana who happens to be the daughter's daughter of the deceased testator, Churaman Jha. The facts that need be stated in order to bring out the point which we propose to decide are these. The testator, Churaman Jha, had three daughters, namely, Mt. Jagdamba, Mt. Bindbashni and Mt. Nandrani. Jagdamba had a son, Ram Krishna, whose widow, Mt. Puranjaya, is the applicant for the grant of the letters of administration. Churaman Jha is alleged to have executed the will in question on 9-2-1907, and to have died after the execution of the will the same year. Bindbashni, the second daughter of Churaman Jha, died in the year 1918 without leaving any issue. Jagdamba, as already said, had a son, Bam Krishna, who died in the year 1920. It appears that on. 12-1-1926, Jagdamba executed a deed of gift in favour of Puranjaya, her widowed daughter-in-law, in respect of her own share in the properties inherited by her as also in respect of half the Share of Bindbashni which, on the death of Bindbashni, were taken in equal shares by the two surviving daughters, Jagdamba and Nandrani. In the year 1930 or 1932, Nandrani, died leaving behind her a daughter named Sulochana, who is the objector to this grant of the letters of administration. On 13-6-1944, the present, application for. grant of the letters of administration with the will annexed was made before the District Judge of Bhagalpur. Mt. Sulochana appeared and objected to the grant of the letters of administration on various grounds. One of the grounds taken by her was that Mt. Puranjaya had no locus stand to apply for the grant of the Testers of administration of the will in question, apart from objecting on the ground that the will in question was not the last will and testament of the deceased, Churaman Jha, and denying that it was executed by him. Her case wad that her mother. Mt. Nandrani, inherited the sixteen annas estate of Churaman. Jha, which, on her mother's death, passed on to herself, and that Mt. Puranjaya, the applicant, had no interest in the properties, and had no locus standi to make this application.

(3.) The learned Additional District Judge raised two questions for decision first, whether Churaman Jha duly executed the will in question, and whether it was his last writing and testament; and secondly, whether the applicant was entitled to letters of administration with the copy of the will annexed. He held in favour of the applicant on both the questions, and granted the letters of administration with the will annexed, as applied for. Hence this appeal by Mt. Sulochana, the objector.