HAR NARAIN Vs. BUDHRAM

JUDGEMENT

(1.) This is a Letters Patent Appeal against the judg- ment dated 30th October i975 of a!ea.-aed Single Judge of this Court in F.A.O.No.4ofl969. By the impugned judgment, the learned Single Judge accepted the appeal of the respondent herein against the judgment of the trial court. The trial court had vide its judgment dated 4-11-1968 allowed the petition under Section 278 of (he Indian Succession Act and granted Setters of administration ia favour of the pelitianer (appellant herein).

(2.) The facts in the present appeal are that the appellant filed a peti- tion under Section 278 of the Indian Succession Act for grant of letters of administration with respect to the Will dated 15th May 1964, Ex. P-l. The Will was made by Mahant NarSingh Dass, Chela ofMahantParshotam Dais, whereby the testator bequeathed all his movable and immovable property in favour of the appellant Har Narain and the respondent Budh Ram in the ratio of half and half each with a rider that if Budh Ram would sell his half share, it would be so only with the consent of Har Narain. It is a registered Will. The testator died on 19th May 1964, i.e. just four days after making and getting registered the said Will. The appellant Har Nsrain moved the petition under Section 278 of the Indian Succession Act with a copy of the Will attached on 12tn March 1965. Caveat/objections were filed by Budhram, the other legatee under the Will who was also arrayed as respondent in the petition. The following objections were taken :-

(3.) The learned District Judge who dealt with the matter, framed the following issues :-