INDIAN ASSOCIATES Vs. STATE

JUDGEMENT

(1.) This is an appeal against the order dated 9 th October, 2009 of the learned Single Judge whereby Test Case No.43/1987 and IAs No.5054/1999, 6581-6582/2005 and 3097/2009 pending therein were dismissed.

(2.) During the pendency of the Test Case No.43/1987, there has been various round of litigation between the parties on different issues relating to the estate of late Rani Padmawati Devi (hereinafter referred to as the estate ). It would be useful to recite relevant facts as referred to by learned counsel for the parties during the course of arguments in the present appeal.

(3.) Late Rani Padmawati Devi died intestate on 12.04.1987 leaving behind her husband, Raja Birendra Bahadur Singh; two sons, namely, Shivendra Bahadur Singh (SBS) and Ravindra Bahadur Singh (RBS) and two daughters, namely, Usha Devi and Sharda Devi. SBS filed Test Case No.43/1987 seeking Letters of Administration (hereinafter referred to as LOA ) under Section 278 of the Indian Succession Act (hereinafter referred to as the Act ). The other heirs of late Rani Padmawati Devi were respondents in the said petition as Respondent No. 2 (Birender Bahadur Singh), Respondent No. 3 (Usha Devi), Respondent No. 4 (Sharda Devi) and Respondent No. 5 (RBS). On 18 th March, 1988, the following issue was framed in the aforesaid petition by the learned Single Judge: