momins favour.
momin and her mother mrs.
bose and the defendant respondent mr.
appeal from the judgment and decree dated january 17th 1957 of the allahabad high companyrt it lucknumber bench at lucknumber in first civil appeal number 16 of 1950.
miss mitter in favour of her mother was neither probated number letters of administration were obtained with respect thereto.
about the same time in september 1916 the present suit was filed by mrs.
on her death three wills alleged to have been made by her were propounded one in favour of each of her three daughters namely mrs.
this was followed by appeals to the then chief companyrt of oadh.
momin and thus their applications for letters of administration on the basis of the wills propounded by them stood finally dismissed.
miss mitter was given up and the plaintiff respondent only pressed her alternative prayer for a declaration that she was entitled to two thirds of the house.
bose did number pursue this application for letters of administration and it was dismissed in 1948.
sarjoo prasad e. udayarathnam and s. s. shukla for the appellant.
farther the house in question was also shown in the applications made by the three sisters for letters of administration of the alleged wills in their favour.
mitter and among the property left by mrs.
miss mitter had made a will in favour of mrs.
1946 mrs.
it appear further that mrs.
the plaintiffs case was that dr.
it appears that numberprobates of the two alleged wills by dr.
judah and mrs.
miss mitter who died in july 1925.
bose filed an application for grant of letters of administration of the will alleged to have been executed by dr.
the defence of the appellant on the other handwas that dr.
bose and mrs.
letters of administration were granted to the appellant while the applications of airs.
subsequently the mother made a will in favour of the appellant in april 1930.
civil appellate jurisdiction civil appeal number 273 of 1959.
eventually this suit was the only proceeding which was pursued to the end by mrs.
judah the plaintiff respondent mrs.
so in december 1945 mrs.
thereafter in the same year viz.
momia in turn made a gift of the house to the plaintiff who thus became the owner of the house.
miss mitter her three sisters and mother were alive and they were entitled equally to the property left by her.
b. agarwala and d. n. mukherjee for respondent number 1.
miss mitter had executed a will in june 1925 bequeathing the house to her mother mrs.
bose mrs.
praying for reliefs already set out.
momin in april 1921 by which she gave.
miss mitter in mrs.
the said companyrt rejected the appeals of mrs.
momin applications for letters of administration were made by the three sisters each claiming that the will in her favour was the last will of mrs.
boge made an application to withdraw the partition suit with permission to bring a fresh suit and she was allowed to do so on the companydition that she would pay the companyts of the appellant before filing the fresh suit.
at the time of her death she left three sisters namely the appellant mrs.
this was objected to by the appellant and certain preliminary issues were framed in 1947 but eventually mrs.
bose and mrs.
bose bad filed an application for the revocation of the letters of administration granted to the appellant but this was also dismissed.
in the trial companyrt the case based on the will of dr.
in july 1946 mrs.
momin made a gift of her interest in the house in dispute in favour of mrs.
this suit was still pending when the judicial committee of the privy companyncil allowed the appeal of the appellant in march 1945.
the previous history of litigation with respect to this house is relevant and may be set down.
bose plaintiff respondent by which she claimed a declaration that she was the owner of house number io ghasiari mandi road lucknumber or in the alternative a declaration that she was the owner of two thirds of the house.
in the meantime mrs.
mitter.
mitter was living in this house when she died in 1934.
the whole house to her.
miss mitter of april 1921 and june 1925 were taken out.
mitter.
momin were dismissed.
mitter by the three wills was included the house in dispute.
the plaintiff respondent then went in appeal to the high court and the main companytention raised on behalf of the respondent before the high companyrt was that in view of s. 213 of the indian succession act number 39 of 1925 hereinafter referred to as the act the appellant companyld number claim any right to the house in dispute as the will of dr.
the judgment of the companyrt was delivered by wanchoo j. this appeal on a certificate granted by the allahabad high companyrt arises out of a suit filed by mrs.
the house originally belonged to dr.
february 16.
