BENARES HINDU UNIVERSITY Vs. GAURI DUTT JOSHI

JUDGEMENT

(1.) This appeal was filed under S. 10 of the Letters Patent against an order of a learned single Judge dismissing an application Under Section 276 of Act, XXXIX [39] of 1925. One Ram Dutt Joshi died on llth of March 1943, leaving a will dated 14th January 1943. The application by the Benares Hindu University asked for a grant of letters of administration in the right of its being a universal legatee. The application was contested by Gauri Dutt Joshi, father of the testator, who claimed that the will was not validly executed and, further, that the applicant, the Benares Hindu University, is an association of individuals and is not entitled to get letters of administration.

(2.) The learned single Judge held on the fasts in favour of the applicant but dismissed the application as he came to the conclusion that the Benares Hindu University was an association of individuals and letters of administration could not, therefore, be granted in its favour. The applicant has filed this appeal and has urged that the finding on this point is erroneous and that the Benares Hindu University is not an association of individuals but is a statutory body. On behalf of the respondent it has been urged that the will was executed by the testator under the undue influence of the two attesting witnesses, Mr. R.L. Pandey and Dr. D. Pant and is not a valid will.

(3.) We have considered the evidence of these witnesses and the facts and we have no reason to differ from the conclusions arrived at by the learned single Judge. Ram Dutt Joshi originally belonged to village Jheejar, district Almora. He was a jeweller and was carrying on business as such in Lucknow. In 1942 he fell ill and on some date in January he left Lucknow for a sanatorium in the Nainital district. Before he left Lucknow he executed this will. The will is written by Dr. D. Pant, who is a Reader in the University at Lucknow, and was an intimate friend of the testator and is attested by Dr. D. Pant and Mr. R.L. Pandey, who was Poultry Development Officer under the United Provinces Government.