JAI KRISHNA SRIVASTAVA Vs. RAJESHWAR DAYAL EXECUTIVE

JUDGEMENT

(1.) This appeal is from the judgment and order dated 8-12-1988, passed by the learned single Judge, in Testamentary Case No. 2 of 1985, filed by appellant under Section 302 of the Indian Succession Act, 1925 (hereinafter referred to as the Act) for giving such directions to the Executor as prayed in the petition.

(2.) Brief facts giving rise to appeal are that Lady Kailasa, widow of late Sir J. P. Srivastava executed a will on 14-10-1960 and appointed Shri Rajeshwar Dayal (respondent No. 1), Shri Narottam Sahgal, ICS, Shri Venkatachari, ICS, and Rani Phool Kumari, Rani of Sherkot, as the executors of the said will. Lady Kailash died on 12-11-1962 leaving behind two sons, namely Jai Krishna Srivastava (petitioner-appellant), Hari Krishna Srivastava (respondent No. 2) and five daughters, namely Lakshmi (since deceased and now represented by her son Siddharth Narainrespondent No. 3), Smt. Sushila (respondent No. 4), Smt. Sarla Sahgal (respondent No. 5), Smt. Shakuntala Masani (respondent No. 6) and Km. Malti Srivastava (respondent No. 7). District Judge, Lucknow, by order dated 7-12-1963 granted a probate in respect of the aforesaid will. The present dispute is confined to two properties situate at Kanpur. The first property is property No. 4/276-B, Parvati Bagla Road, Kanpur, which was disposed of by Lady Kailash in favour of her three daughters Lakshmi, Sushila and Sarla under Clause 3 (b) of the will. Half portion of this property was in occupation of Imperial Tobacco Company as tenant. The other half of the property was in occupation of respondent No. 2 Hari Krishna Srivastava from life time of Lady Kailash as tenant on taken rent of Re. 1/- per month. Clause 3(b) which is relevant for this appeal is being reproduced below :

(3.) The second property known as 'Kailash' located in Nawabganj, Kanpur, was disposed of under Clause 4 of the will in favour of two sons, namely Jai Krishna and Hari Krishna in equal shares with the condition that the sons shall undertake the liability to pay her debts and medical, testamentary and funeral expenses and the cost of administration of her estate including estate duty and probate duty. Some other conditions were also mentioned. However, they are not relevant for the appeal.