DARJUS JEHANGIR Vs. LYLA MINOO GHASVALLA

JUDGEMENT

(1.) THIS order will dispose of the report of the Administrator (Justice M. L. Dudhat (Retd. ,) dated 8th March, 1999 and Notice of Motion No. 2566 of 1999 in T. and I. J. Petition No. 598 of 1990 and the preliminary objections raised by respondent Nos. 1 and 3 to the maintainability of Misc. Petition No. 50 of 1999 in T. and I. J. Petition No. 598 of 1990.

(2.) THE facts as emerging from the pleadings of the parties may be noticed in order to crystalise the various controversies raised by the parties.

(3.) LATE Mrs. Piloo Ghaswala (hereinafter referred to as "the deceased") who was the maternal grand mother of minor Zenia and the mother of Mrs. Lyla Darius Jehangir, hereinafter referred to as "respondent No. 1", died leaving her last Will and Testament dated 21st April, 1989. Mr. Justice B. Lentin, Mrs. Roshan Chopra and Mr. Mohan Jaykar were appointed as Executors in the Will. They have obtained probate of the Will in T. and I. J. Petition No. 598 of 1990 by order of this Court dated 28th October, 1994. Darius Jehangir, hereinafter referred to as "the applicant", was married to respondent No. 1. The marriage was dissolved by a decree of divorce granted on 12th July, 1989. The custody of Zenia was given to respondent No. 1. On 7th October, 1989 the testator died. Decree dated 12th July, 1989 was modified on 12th December, 1990 in terms of the Consent Terms. Two relevant Clauses of the Consent Terms were as under :