MURLI DHAR DUA Vs. SHASHI MOHAN

JUDGEMENT

(1.) Petitioners have Filed this petition under Order XXXIII, CPC for permission to sue the respondent as indigent persons in suit for recovery of possession of immovable/movable properties and also the mesne profits. It is, inter alia, alleged in the petition that Madan Mohan, who expired on July 4, 1996, appointed the petitioners as trustees in respect of the estate left behind by him under the Will dated April 23, 1995. According to the Will property No. 8-2/187, Paschim Vihar, New Delhi and movables owned by aforesaid Madan Mohan were conditionally bequeathed by him in favour of his son Lalit Mohan with the stipulation that if before the end of the year, 2001 he did not have any issue born to his wife or any child and being legally adopted by them, all the assets including the imovable propety were to be disposed of as soon as possible by the petitioners as trustees and invest the complete income accruing therefrom as donation for charitable purpose either as one time donation or donations in the form of recurring income from the investment made for the purpose or both as per the majority decision of the petitioners. It is further stated that said Lalit Mohan expired on October 12, 1996, at Hardwar and till his death he was neither bleassed with a son nor did he and his wife adopted any child. It is further stated that the petitioners requrested the respondent to hand over the vacant possession of the aforesaid house and the movables as detailed in Annexure 'A' in her power and possession but she has not cared to respond to their request and has illegally usurped them.

(2.) Alongwith the petition I.A. No. 3720/97 under Order XXXIX, Rules 1 & 2 read with Section 151, Civil Procedure Code was also filed for restraining the respondent from dealing with the immovable and movable assets left behind by late Madan Mohan and / or creating any third paty rights therein.

(3.) By the order dated May 1,1997, Joint Registrar (0) taking into consideration the statements made by all the three petitioners reached the conclusion that prima facie petitioners in their capacity as trustees of the assets of late Madan Mohan do not have the means to pay the prescribed Court fee and, therefore, notice of the petition has been issued to the respondent for August 12, 1997. In terms of the said order- 1A No. 3720/97 was ordered to be placed before the Court for consideration on May 8, 1997. On that date my learned predecessor posed a query if the petitioners are entitled to administer the assets without obtaining probate/appointment of executor of the Will and the matter was, thus, posted for hearing on that query.