JUDGMENT

Sale, J. - On the 11th July 1893 one Debnath Dey, as the sole executor appointed by the will of Kamineymoney Bewah, dated the 26th March 1893, applied for and obtained probate thereof from this Court.

2. Subsequently Hem Chunder Dass, alleging himself to be the husband's sister's son of the deceased, obtained a rule calling on Debnath Dey to show cause why the probate granted to him should not be revoked, and why the alleged will should not be proved in solemn form.

3. In showing cause against the rule, Debnath Dey alleged that Kaminey-money Bewah was a woman of the town, and had been so for thirty-five years previous to her death; that she had lived under his protection for the past thirty years; and that when she came under his protection, she had no property whatever, and that the property left by her at her death was acquired by her during the period she was living under his protection, and represented her savings from gifts' of money and ornaments made by him to her. Under these circumstances Debnath Dey, while not admitting the relationship set up by the applicant to the deceased, denied that he had any interest in the estate of the deceased entitling him to maintain the application.

4. It was then ordered that the matter should be set down for trial of the preliminary issue as to whether the applicant has a sufficient interest to maintain the application for revocation of probate. On the evidence adduced by the applicant, the following facts have, I think, been established:

5. The deceased woman, Kamineymoney, was the widow of one Ram Coomar Dass, who died some 35 or 40 years ago, leaving his widow and an infant son and also a sister, Hurromoney, who was married to one Rammohun Dass.

6. Rammohun and Hurromoney took in adoption the applicant, Hem Chunder Dass. Both Rammohun and Hurromoney died long ago, leaving no issue but only Hem Chunder, their adopted son and sole heir.

7. After her husband's death Kamineymoney and her son continued to live in the family dwelling-house with her husband's relatives. The son died in infancy, and shortly thereafter, and about 35 years ago, Kamineymoney left the family dwelling-house and became a woman of the town. From that time all connection and intercourse with the members of her husband's family ceased. Upon the affidavits filed by Debnath Dey, and in the absence of any contradiction, I think it appears sufficiently that the property left by Kamineymoney at her death consisted entirely of acquisitions made by her during the period of her degradation as the mistress of Debnath Dey.

8. It also appears that, besides the applicant, who it is proved is the husband's sister's son, Kamineymoney at her death left a natural sister, named Atulmoney, who is living at Serampore and is undegraded. These are the only relatives, members of her own natural family or of her husband's family, who were surviving at Kamineymoney's death. Atulmoney is a legatee under her sister's will, and a suit was instituted by her against Debnath to obtain payment of the legacy. Shortly after the institution of the suit the legacy was paid by Debnath. On these facts it is said that Hem Chunder Dass is under Hindu law the next heir of Kamineymoney, and as such heir has an interest in her estate entitling him to apply for revocation of probate and to have the alleged will proved in solemn form.

9. On the question of heirship or succession to the estate of a Hindu woman who has become degraded from caste by reason of prostitution-so far as such estate represents property acquired by her during the period of degradation- the text books on Hindu law are silent.

10. Mr. Mittra contends that according to Hindu law the right of succession is based upon the right or power of the claimant to confer spiritual benefits on the deceased, and that inasmuch as there is nothing in the text books to show that an undegraded member of a family cannot confer such benefits on a degraded member, the right of an undegraded member of a famil