KANWAR SAIN Vs. STATE

JUDGEMENT

(1.) One Jawahar Devi was an old lady of 83 years. She was owner of 2 houses 3755, 3756 in Kucha Parma Nand, Delhi. These had been let out to tenants. Rental income was her main source of sustenance. She was an issueless widow. Her husband Sardari Lal died in 1939. Sardari Lal had a sister Thakurani who died in 1963. She had 3 sons and a daughter. Kanwar sain, Suraj Singh. Bahadur Singh and Bachhi Rani. Jawahar Devi had a sister, Rela Devi. She is dead. She bad a son Nawal Kishore. Jagdish Narain Tardon is his son. Jagdish Narain's son is Deepak. He is a minor.

(2.) Deepak Tandon through his father made an application to the district court under Section 272 of the Indian Succession Act for grant of probate or letters of administration. He said that Jawahar Devi made a will on 6th of June, 1963 and that he was a beneficiary under the will.

(3.) Under the will Deepak gets one house- House No. 3756. Deepak was two years old at the time of the making of the will. As regards the other house No. 3755 the testatrix gave a direction that the house should be used for the purpose of a Dharamshala for the benefit of the general public. She constituted a board of trustees to manage the Dharamshala. The trustees were : Kailash Nath Mehra, Raj Kishore Tandon, Bahadur Singh.