KANTEE CHANDRA MUKERJI Vs. AL-I-NABI

JUDGEMENT

(1.) This appeal arises under the following circumstances--One Musammat Shib Kali Debia of Benares made a Will on the 11th of January, 1891, and thereby bequeathed her property for certain purposes and appointed six persons executors, the died on the 8th of April, 1897, and thereupon an application for probate was made by one of the executors, Durga Shanker, now deceased, and probate was granted to him on the 12th of June, 1899. On the 21st of June, 1899, an administration bond was executed by Durga Shanker and the defendants, Saiyid Al-i-Nabi and Saiyid Shah Tasadduk Husain, as his sureties for the due administration of the estate of Musammat Shib Kali Debia. In this bond the executants undertook responsibility for the due administration of the estate by Durga Shanker, and it was provided by it that the obligation under the bond was to remain in force until Durga Shanker had discharged the duties of the administration of the estate. Durga Shanker did not administer the assets as he had undertaken to do, but misappropriated them and in consequence the plaintiff, who is the step-son of Musammat Shib Kali Debia applied for letters of administration of her estate with the Will annexed, and such letters were granted to him on the 16th of August, 1904. He further applied to the District Judge for an assignment of the administration bond executed by Durga Shanker and his sureties, and this bond was transferred to him on the 10th of April, 1907.

(2.) The suit out of which this appeal has arisen was then instituted by this plaintiff to recover from the representatives of Durga Shanker, including his widow, and also from the sureties the amount of the assets which had been misappropriated by Durga Shanker.

(3.) A defence to the suit was filed by both the sureties and also by Bishno Shanker, one of the brothers of Durga Shanker.