SANJEEV JUNEJA Vs. STATE

JUDGEMENT

(1.) The appellant is one of the sons of Jaswant Lal Juneja who had passed away on 15.02.1991, statedly leaving behind his Will and testament executed and registered on 19.10.1990. The appellant had moved the Court of District Judge, Delhi by petition under section 264 of Indian Succession Act, 1925 praying for grant of probate in respect of the said Will, the petition presented on 31.08.1991 having been registered as probate case no. 216/1991 (later re-numbered as 619/1994). Since the petition was contested by some of the children of the deceased Jaswant Lal Juneja, the case was put to trial. Upon its conclusion, the court of Additional District Judge passed judgment on 08.01.1999 dismissing the petition. It is the said decision which is assailed by the appeal at hand presented under section 299 of Indian Succession Act, 1925.

(2.) From the pleadings of the parties before the trial court, as indeed in the appeal before this Court and also from the evidence that was adduced on both sides of the divide, certain facts have emerged as indisputable or admitted. The same may be taken note of at the outset.

(3.) Jaswant Lal Juneja (hereinafter referred to, for the sake of convenience, as "the testator"), a Hindu, aged about 77 years in October, 1990, was a well educated person, holding the degrees of B.A. and LL.B, he being conversant with different languages (Hindi, English and Urdu), having served till about 1974 as Section Officer with Life Insurance Corporation (LIC). He was the owner of immoveable property described as C-29, Soami Nagar, New Delhi, he having acquired the said plot of land admeasuring 300 sq. yards, comprised therein as member of Delhi Dayalbagh Cooperative House Building Society Ltd. and having raised the superstructure thereupon incurring expenditure from out of his own savings, his other assets including moveable property in the form of gold jewellery kept in locker no. A-59, New Bank of India, Panchsheel Enclave, New Delhi. His wife Krishna Kumari Juneja, having already died in October 1984, those in normal line of succession in his relation on the relevant date (19.10.1990) included two daughters and three sons, they being Asha Jagota (43 years - married daughter), Sushma Arora (41 years - married daughter), Shabad Sarup (37 years - married son), Gursarup (31 years - married son) and Sanjeev (28 years - unmarried son). The eldest child - daughter Asha Jagota - was living in her matrimonial home with her husband N.L. Jagota (PW-4) initially in property no. A-1, Soami Nagar, New Delhi and later in another property in Andrews Gang Extn., New Delhi. The second daughter Sushma Arora was living with her husband, presumably since her marriage, in Canada. The elder son Shabad Sarup (R3W1) had admittedly started living separately from his father (the testator) from 1983 onwards, he describing himself to be in service and a resident of a property in Janak Puri.