MAJ GEN JONATHAN REUBAN SAMSON Vs. ZILLAH SOLOMAN

JUDGEMENT

(1.) THIS petition is for (a) setting aside the order dated 30th November, 1989 disposing with the service of citations and revoking the grant of Letters of Administration issued to respondents Nos. 1 and 2 pursuant to the said order, (aa) removing or discharging respondents Nos. 1 and 2 as a administrators of the estate of late Rachel Ryams and appointing the petitioner in their place as administrator and (b) suitable orders/directions regarding accounts, disclosures, etc. for ascertaining the damages for loss caused to the estate by respondent Nos. 1 and 2.

(2.) THE facts giving rise to the present petition are as follows:

(3.) ACCORDING to Jonathan, the facts are as follows : Rachel was owner of three immovable properties viz. , (i) House No. 91 at Bandra, (ii) House No. 68 at Bandra and (iii) 1/3rd undivided share in House No. 87 at Bandra. Rachels Will refers to houses only and not to adjoining land. The Will prohibits sale of houses in clear term. In Zillahs Petition No. 648 of 1980 (converted into suit bearing Suit No. 8 of 1981) there is no reference to House No. 87. Citations were served on some heirs. Zillah and Emannuel misled the Court to pass the consent order dated 22nd December, 1981, Zillah and Emannuel purported to convey House Nos. 91 and 68 to each other. Zillah and Emannuel have not compiled with office requisitions nor they have taken any steps to collect the grant. Zillah has entered into a purported development agreement regarding House No. 91 and adjoining land with M/s. King Builders and given Power of Attorney to M/s. King Builders and she had forced the tenants to vacate their premises and she has got House No. 91 transferred to her name in Collectors records. Emannuel took out Notice of Motion No. 2993 of 1986 wherein he complained that Zillah was not co-operating with him in complying with the office requisitions. On an application made by Jonathan this court by the order of Mr. Justice Variava passed on 7th December, 1987 restrained Zillah and Emannuel from disposing of and/or alienating and/or encumbering and/or parting with possession or creating of any third party right in respect of the properties until they had collected the Letters of Administration. Zillah and Emannuel permitted King Builders to evict all the tenants in House No. 91 and demolish the entire structure Jonathan had therefore, taken out a Notice of Motion for punishing Zillah and Emmanuel for contempt of court. On 7th March, 1989, this Court committed Zillah to civil prison for one month. However in appeal No. 374 of 1989 this court accepted her unconditional and unreserved apology and undertaking and saved Zillah from imprisonment. Zillah and Emannuel have grossly mismanaged the administration. They have not included in the Schedule all the assets of Rachel. They have deliberately not complied with the office requisitions. Zillah had purported to have disposed of House No. 91. Jonathan has filed Administration Suit No. 3419 of 1988. Zillah and Emannuel are not on good terms with each other. They have not yet served citations on all heirs of Rachel. They have failed to inform the Court regarding advocate chosen by them. They have grossly undervalued the two properties. They have lost interest in acting as Administrator. Hence it is prayed that Zillah and Emannuel be removed as Administrators of the estate as it is just and necessary for the welfare of the beneficiaries.