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1956 Supreme(Pat) 22

RAJ KISHORE PRASAD, RAI
Mt. Saraswati Kuer – Appellant
Versus
Debendra Singh – Respondent


Judgment

Rai, J.

1. This appeal by the plaintiffs against the judgment and decree of the Additional Subordinate Judge, 3rd Court, Darbhanga, arises under the following circumstances, one Rai Babufam Singh alias Babulal Singh resident of village Shafipur Barua, district Darbhanga, had three wives. From his first wife he had a son, Kali Prasad Singh, who died during his lifetime leaving behind his widow Mt. Abhiraj Kuer who is plaintiff 2 in the present suit.

Rai Baburam Singh had two other wives namely, Mt. Rewati Kuer, defendant 2, and Mt. Saraswati Kuer, plaintiff 1. On 21-1-1907 Rai Baburam Singh alias Babulal Singh executed a registered will (Ex. N) by which he permitted Mt. Rewati Kuer, his second wife, and Mt. Saraswati. Kuer, his third wife, each to adopt three sons successively, one in absence of another in case he did not adopt any son to himself in his own lifetime. By that will Rai Baburam Singh made some other provisions in respect of his properties but it is not necessary to narrate the same at this place.

On 26-4-1923 Baburam Singh died without adopting any son to himself. On 21-2-1924 Mt. Rewati Kuer and Mt. Saraswati Kuer made a gift of some of the properties left by





















































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