ABHISHEK AGARWALLA Vs. KAILASH NEVATIA

JUDGEMENT

(1.) The The defendant no. 5 has filed an application being G.A No. 7 of 2022 for rejection of plaint on the pretext that the mother of the plaintiff no.1 had initially filed an application for grant of probate of the alleged Will dtd. 15/12/1999 being PLA No. 158 of 2000 which was subsequently converted to a Testamentary Suit No. 3 of 2017 and upon demise of the mother, the plaintiff no.1 is proceeding with the suit but the plaintiff no. 1 has not taken any proper steps for disposal of the said proceeding and now the plaintiffs have filed the present suit though the plaintiffs have no statutory right to file the suit.

(2.) The defendant no. 5 says that Jagdish Prasad Tulshan was holding the post of Principle Trustee in respect of all the Trust properties namely Rai Surajmull Bahadur Charitable Trust, also known as Rai Surajmull Bahadur Charitable Fund and he died on 20/1/2000 but he had not executed any Will dtd. 15/12/1999 in favour of his sister Saroj Agrawalla.

(3.) The defendant no. 5 says that the plaintiff no.1 is not having any right to interfere with the management or administration of the Trust Property. The plaintiff no.1 has filed the suit upon death of his mother along with other plaintiffs though he has not acquired any right over the property.