Raj Kishore Prasad, J.

1. This appeal by the appellant-plaintiff, arising out of a contentious Letters of Administration proceeding, is from the judgment of Mr. R. B. Aikat, Additional District Judge, Dar-bhanga, who has rejected his application for grant of Letters of Administration to the estate of the deceased Bhaglu Singh on the basis of his alleged will -- Exhibit X -- on the ground that the document, Exhibit X, was a gift, and not a will, and, therefore the Court had no jurisdiction to entertain such a petition.

2. There was one Bhaglu, whose distant nephew is Ramautar, the appellant, Bhaglu had two daughters, Rarnsundari, Respondent 1 and, Lal Pan, Respondent 2. Lal Paris husband is Gita Thakur, and, Rameshfar, Respondent 3, is the son of Lal Pari and Gita Thakur.

3. On the 1st May, 1950, Bhaglu executed the disputed document, Exhibit X, which purports to be a deed of gift, in respect of the properties specified therein, which are not the subject-matter of the present application for Letters of Administration, in favour of the appellant. This document was registered on the 12th May, 1950. On the 21st August, 1950, Bhaglu died. After his death, the appellant, on the 1