C. Setalvad, Sarjoo Prasad, A. G. Ratnaparkhi and Rajiv Shah, for respondent No.
C. Chagla, D. P. Singh, S. C. Agarwal, V. J. Francis, Goburdhun and D. Goburdhun, for the appellant.
Appeal from the Judgment and order dated February, 17th 1965 of the Patna High Court in First Appeal No.
The Judgment of the Court was decided by Hegde, J. In this appeal by certificate we are to companysider the effect of the will executed by one Raghunath Prasad Singh, on August 31, 1938.
The said testator died very soon after the execution of the will leaving behind him his widow Jageshwar Kuer, his daughter Satrupa Kuer and his two grand daughters Talkeshwari Devi the appellant herein and Sheorani.
The appellant and Sheorani are the daughters of Sukhdeo Prasad Singh, the son of the testator who had predeceased the testator.
After the death of Jageshwar Kuer, the appellant and her sister Sheorani Kuer divided the ten annas eight pies share of the properties which devolved on them in equal shares and each one came into possession of her share of the properties.
Jageshwar Kuer died in November 1948 and Sheorani Devi on November 1, 1949 without leaving any issue.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
He claimed that he was entitled to those properties as the heir of his wife.
That suit was resisted by the first defendant, the husband of Sheorani.
Immediately after the death of Sheorani Kuer, the appellant instituted a suit for possession of the properties that fell to the share of Sheorani Kuer purporting to base her claim on clause 5 of the will to which we have earlier made reference.
At the time of the death of the testator, the appellant as well as Sheorani Kuer were minors.
113 of 1960.
213 of 1967.
