Raj Kishore Prasad, J.

1. This appeal by opposite party 1 is under Sec.299 of the Indian Succession Act, 1925 (Act XXXIX of 1925), hereinafter referred to as "the Act", from the order of Mr. H. R. Kazimi, District Judge, Muzaffarpur, made under Sec.264 allowing the application of the respondent under Sec.263 for revocation of the Letters of Administration granted to the appellant on the 26th May, 1944 under Sec.290 of the Act by the additional District Judge of the same place in respect of an unregistered will of one Ramnarain Singh, alleged to have been executed by him on the 2nd May, 1941, before his death on the 18th November, 1942.

2. The material facts for the decision of the present appeal are as follows:

3. In village Gosainpur, otherwise called Day-anagar, there was one Udit Singh, whose widow was Most, Sohagin Kuer. They had a son Nirsu Singh. Admittedly, Nirsu had a son named Ramnaraiii Singh and a daughter. Ramnarain Singhs wife is Radha Kuer, who is respondent 2. Admittedly also, the. mother of Ramnarain Singh is Rampeyari Devi of village Beisand, who is respondent 3.

4. According to the appellant, Nirsu had a daughter Sudama who is dead and not the applicant Re