BHUJA SINGH (DECEASED) Vs. STATE

JUDGEMENT

(1.) I have heard the arguments of the learned counsel for the parties on the preliminary objection regarding the maintainability of this petition in the High Court. Sub-section (1) of Section 300 of the Indian Succession Act reads :-

(2.) Buja Singh, deceased owned land in District Jullundur. He also held a Saving Bank account of Punjab National Bank, Paharganj, New Delhi. Two items regarding which the probate has been sought are within the jurisdiction of this High Court. The learned counsel for the respondent has argued that it will be more suitable that this case is presented by the petitioner to the Court of District Judge, Jullundur. I am not in agreement with this contention. In view of the fact that the District Judge, Jullundur and the High Court have concurrent jurisdiction, the petitioner can maintain the petition in this Court. The preliminary objection is, therefore, overruled.

(3.) The learned counsel for the petitioner has stated that he does not wish to lead any evidence because the confirmation and the copy of the Will already placed by him on the file is conclusive proof of the Will having been executed by the testator. Let the statement of Mr. Mehta be recorded. Petition allowed.