AJIT DATT Vs. ETHEL WALTERS

JUDGEMENT

(1.) This special appeal has been preferred against the judgment and order dated 8-7-1985 of a learned Single Judge in Testamentary Suit No. 1 of 1983 whereby the petition filed by Mrs. Ethel Walters for grant of Letters of Administration of the estate of Mrs. Maud Flora Datta (for short Maud Datt) was allowed.

(2.) The property in dispute consists of house No. 7 N.K. Mukherjee Road and house No. 9 (old No. 14) N. K. Mukherjee Road, Allahabad, besides a fixed deposit of1 Rs. 10,000.00 and 1200/- in savings Bank Account in Central Bank of India. Civil Lines Branch, Allahabad and some household goods. The houses originally belonged to Eugin Eustas Datt, son of Rai Sahab Jeewan Masih Datt short J. M. Datt). He had three brothers and one of them was Arechibald Datt whose son is the appellant Ajit Datt. Eugin Eustas Datt (for short E.E. Datt) died issueless on 28-11-1959 leaving a will in favour of his wife. Mrs. Maud Datt whereby he bequeathed his entire estate to her, A probate of the will was granted in her favour on 23-3-1962 in Probate Testamentary Case No. 10 of 1960 by the Allahabad High Court. The dispute has arisen after the death of Mrs. Maud Datt which took place on 5-12-1980. her real sister Mrs. Ethel Walters filed a petition in the High Court on 13-5-1981 under S. 218 and 278 of Indian Succession Act (hereinafter referred to as the Act) for grant of Letters of Administration of the movable and Immovable properties, credits and assets of Maud Datt as she had died intestate and issueless. She claimed to have succeeded to the estate of deceased u/S. 47 of the Act. The petition was contested by the appellant Ajit Datt on the ground that he was an adopted son of E.E. Datt and Maud Datt and therefore he was entitled to succeed to the estate of the deceased on account of the contest the petition for grant of Letters of Administration filed under Rule 6 of Chapter XXX of the Rules of the Court was converted into a suit in accordance with the Rule 39 of the said Chapter and was registered as suit No. 1 of 1983.

(3.) The case pleaded by Mrs. Ethel Walters was that Mrs. Maud Datt who was about 67 years age died intestate at Allahabad on 5-12-1980 and she left her surviving the petitioner who was her real sister besides seven others who included another real sister. Dr. Mrs. Myrtle Khan and children of other deceased brother, sister and half-sister. The appellant, Ajit Datt was also impleaded as a party for proper adjudication of the case on the ground that he was trying to intermeddle with the property though it was specifically pleaded that he was not a next of kin of the deceased. In para 11 of the petition, it was pleaded that Ajit Datt had filed a civil suit for injunction in the Court of Munsif (West), Allahabad for house No. 9 N.K. Mukerjee Road, basing his claim on the alleged adoption made by late E.E. Datt and Maud Datt. It was also pleaded that the alleged adoption is invalid in law as there was no provision for adoption under the Christian law or the Indian Succession Act.