DHARAM DEO VERMA Vs. VED MITRA VERMA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 13. 07. 2004 passed by the learned Addl. Deputy Commissioner, Shillong, in L/a Misc. Case No. 38 (T)1992, refusing Letters of Administration under Section 299 of the Indian Succession Act, 1925, in favour of the Appellant.

(2.) HEARD Mr. M. F. Qureshi, the learned counsel for the appellant and Mr. S. R. Sen, the learned senior counsel for the respondent.

(3.) THE facts relevant for diposal of this appeal may be briefly noted at the outset. One late Satyanand Verma died on 25. 09. 76 at Nongthymmai, Shillong, and was alleged to have executed a Will on 20. 11. 74 which was registered on the same date in the Office of Sub-Registrar, Jansath, Muzaffarnagar District (U. P.), which was witnessed by (i) Ramsaran (ii) Trilokinath and (iii) Shri Krishna Murari, Sub-Registrar, Jansath. Seventeen years after the death of late Satyanand Verma, the appellant filed an application under Section 276 of the Indian Succession Act, 1925, (the Act for short) for grant of Letters of Administration by annexing the alleged will and the same was registered as LA Misc. Case No. 38 (T)92. The deceased admittedly left behind him six sons including the appellant. However, the application of the appellant was objected to by one of the sons Shri Ved Mitra Verma, who is the respondent herein, by filing his objection on 27. 06. 94 with a prayer to reject the application filed by the appellant. The learned Addl. Deputy Commissioner, Shillong, which was ceased with the application, by his order dated 28. 04. 95 rejected the objection raised by the respondent and granted the Letters of Administration in favour of the appellant on 01. 05. 95. The respondent promptly preferred and appeal before this Court, which by the order dated 28. 04. 95 in MAF (T) 28/1995 set aside the impugned order and remitted the case to the learned Addl. Deputy Commissioner, with a direction to dispose of the case afresh within a period of three months from the date of the order. The Letters Patent Appeal being LPA No. 2 (S)1997 preferred by the appellant from the aforesaid order of this Court was dismissed by the Division Bench of this Court by the order dated 06. 08. 97. It so happened that instead of disposing of the case within three months, the learned Addl. Deputy Commissioner took more than seven years to dispose of the case, which, according to the appellant, was to the lapses on the part of the respondent.