BALBIR SINGH Vs. MAN SINGH

JUDGEMENT

(1.) This appeal is on board for the last on week. The appeal was admitted ex-parte and a stay was given of the operation of the order of the District Judge, issuing letters of administration in favour of Man Singh/respondent No. 1. In the presence of the counsel for the appellant the appeal was expedited for hearing as the stay order was operating against the respondent. In spite of it, neither the appellant nor his counsel are present. On the facts of the case and the urgency of the matter, I do not think that I should dismiss the matter only in default. I, therefore, proceed to dispose of the appeal on merits.

(2.) This is an appeal filed by Balbir Singh, one of the sons of testator Chandgi Ram, against the order of the District Judge dated 19.9.1984 granting Letters of Administration in favour of one Man Singh. respondent No. 1. in respect of Plot No. A-3/145, Paschim Vihar, New Delhi

(3.) Chadgi Ram made a Will on 16.7.1979 and died on 27.7.1981. He left behind two sons, viz. Balbir Singh and Amar Singh; and three daughters, viz. Smt. Brahmo Devi, Smt. Kapoori Devi and Smt. Phoolo Devi. Man Singh, in whose favour the letters ofadministrationareissued,is the son of the Sister of Chandgi Rani. Although Chandgi Ram had two sons he was staying with Man Singh, the sister's son. Man Singh looked after Chandgi Ram during his old age and also attended his medical needs till his death.