ANIL KRISHNA TANDON Vs. STATE

JUDGEMENT

(1.) This order will dispose of application under Order XXXIX Rule 4 read with Section 151 of the Code of Civil Procedure of respondent/ applicant, Anita Kapoor, for vacation of interim order dated 9th May, 2005 in the probate proceeding filed by her brothe r seeking probate of the will dated 20th November, 1998 of their mother, Smt. Kamla Rani Tandon, devising the entire properly bearing No. 1/20, Shanti Niketan, New Delhi in favour of her brother.

(2.) The petitioner/non-applicant filed this probate petition along with an application being IA No. 3677/2005 seeking directions that he be allowed to open and operate a bank account in a nationalised bank in which the lessee of the property, Mr. Sidharth Mittal shall deposit the lease/rent amount in terms of the lease agreement dated 21st April, 2004 with the deceased mother.

(3.) On the application of the petitioner, he was appointed as an interim administrator of the estate of the deceased and he was authorised to open a separate account for depositing the rent in the said account from the lessee of property bearing No. 1/20, Shanti Niketan, New Delhi. The petitioner was permitted to pay the property tax for the property in question and was directed to maintain the accounts.