SHAMBHU PRASHAD AGARWAL Vs. BHOLA RAM AGARWAL

JUDGEMENT

(1.) This appeal is by heirs of the legatee Matadin Agarwal.

(2.) One Maina Devi, wife of late Baidyanath Agrawal executed a will on 14/6/1976 nominating her nephew Matadin Agarwal to be the owner of her house, landed properties and other immovable properties. On 23/9/1981, maina Devi died. In the year 1982, Matadin Agarwal filed a probate petition (Probate Case No. 1 of 1982) which was converted into Title Suit No. 1 of 1985. In the probate petition, Matadin Agarwal claimed grant of probate in his favour. On 13/7/1987, Matadin Agarwal died. On the death of Matadin agarwal, his heirs who are appellants before us, filed an application in Title suit No. 1 of 1985 for their substitution in place of Matadin Agarwal. They also filed another application for amendment of the petition. In the amendment application, it was prayed that instead of grant of probate the legal heirs may be granted letters of administration. These applications filed by the appellants herein were rejected by the court. The revision filed by them was also dismissed by the High Court. It is against these orders, the appellants are before us.

(3.) Learned counsel appearing for the appellants urged that the view taken by both the courts below is erroneous inasmuch as the appellants being the heirs of the legatee were entitled to be substituted and to pray for issue of letters of administration. However, this is contested by the learned counsel for the respondent.