PAHALWAN SINGH Vs. JIWAN DAS

JUDGEMENT

(1.) The facts as found by the lower court and not contested are as follows: One Braj Kishore, who was related to the plaintiffs respondents, as will be explained later on, inherited a very valuable banking business and zamindari estate from his mother s family which he carried on under the style of Jugal Kishore Chunna Mal, and afterwards of Jugal Kishore, Braj Kishore. He him- self became Government Treasurer of Shahjahanpur. He died in 1878, leaving surviving him a widow, Musammat Durga Dei. This lady carried on her late husband s business for something like 25 years till her death on the 8th June, 1905.

(2.) It is admitted that she was careful in her management, and was not a spendthrift. The evidence on the point as to how far she was successful is, perhaps vague, but one of the plaintiffs, Kishan Chand, admitted that the value of the property left by Braj Kishore was believed to be about 2t or 22 lakhs, and that at Durga Dei s death, the property left by her was of about the same value. At any rate there is nothing to show that she wasted the property.

(3.) She adopted, or is said to have adopted, Murari Lal, one of the plaintiffs.