CHANDRA KISHORE DIKSHIT Vs. SUKH SWARUPANAND DIKSHIT

JUDGEMENT

(1.) THIS Testamentary Suit was filed on 26.7.1988, as Testamentary Case No. 10 of 1988 by Sri Chandra Kishore Dixit, S/o Sri Kewal Krishna Dixit, for grant of 'Letters of Administration' with a copy of will, in the matter of credits and assets of late Sri Shambhu Dayalu Shashtri, S/o Sri Dayalu, resident of Anand Kuteer Tundla, Tehsil Itmatpur, Tundla, district Agra, with the averments that the deceased, testator, the maternal grand father of the petitioner died on 22.5.1947 leaving behind a will dated 12.4.1947 of his entire properties to him, at his residence at Tundla. The will was attested by two witnesses namely Shri Anand Behari Lal and Shri Gaya Prasad Sharma. Both the witnesses are not alive. The original will was kept at 'Anand Kuteer,' Tundla with petitioner's father Sri Kewal Krishna Dixit. However, after his death petitioner's brother Shri Sukh Swroop Anand Dixit, (the caveator/objector/defendant) had removed the original will by breaking the lock of the room. The original will may be summoned from him, as he has turned hostile to the petitioner. The application has been filed after forty one years and three months of the testator.

(2.) IN the affidavit of valuation only one house known as 'Anand Kuteer,' of Tundla, Post Office Tundla, Tehsil Etmatpur, District Agra valued at Rupees one lakh is given. The plaintiff has referred to an Original Suit No. 471 of 1949 between Smt. Champa Devi Vs. Smt. Nandini Devi and Chandra Kishore Dixit (the petitioner). The suit was decided by Munsif on 15.4.1951 on the basis of compromise signed by Smt. Champa Devi, Smt. Nandini Devi, the mother of the petitioner and sister Smt. Champa Devi and the plaintiff Shri Chandra Kishore Dixit. The compromise had acknowledged the will.

(3.) IN application filed on 16.10.1990. the plaintiff has alleged in para 5 that, the necessity for 'Letters of Administration' arose on account of non-payment of rent by the tenants living in different portions of the house and has referred to certain orders passed by this Court with regard to deposit of rent.