DEVI CHARAN Vs. DURGA PERSHAD

JUDGEMENT

(1.) This Letters Patent Appeal under clause 10 of the Letters Patent (Punjab) is against the Judgment of P.D. Sharma, J. dated 30th August, 1963, in Appeal F.A.O. Case No. 87-D of 1957, which reversed the Judgment and order of Shri S.B. Capoor, District Judge at Delhi, dated 3rd May, 1957, in Probate Case No. 5 of 1956.

(2.) The application for probate of the will of one Shrimati Jog Maya, out of which this appeal has arisen, was filed on 27th November, 1955, by one Durga Pershad, in the following circumstances :-

(3.) It was alleged in the application that Smt. Jog Maya was a resident of Mohalla Rangmahal, Nahar Sadat Khan, Delhi, that she executed her last will and testament on the lst- of July, 1947, that the applicant was the legatee and executor named in the said will, and that she died at Delhi on the 22nd of October, 1955, leaving at the time of her death the properties described in the schedule to the application, which consisted of a number of fixed deposits in the National Bank of India Ltd., Chandani Chowk, Dalhi, and a house of the testatrix, as well as a small sealed metal box containing unknown contents kept in the National Bank of India Ltd., Delhi. The applicant, Shri Durga Pershad, in his application that the original will of the testatrix was in the aforesaid sealed metal box kept in the safe custody of tha National Bank of India Ltd., Chandni Chowk, Delhi.