RAJ KUMAR ETC Vs. GENERAL PUBLIC ETC

JUDGEMENT

(1.) Late Shri Brij Lal Arora, resident of Amritsar, is alleged to have executed a Will on 5th September, 1963. The petitioners made an application for grant of letters of administration under Section 276 of the Indian Succession Act hereinafter called the Act in respect of the valid Will . During the pendency of these proceedings, a receiver was appointed to take charge of the property of the deceased. The petitioners who are the son and daughters of the deceased were pitched against Dwarka Dass respondent, who is said to be a son of the deceased from his first wife.

(2.) An application for maintenance allowance made by the petitioners and a sum of Rs. 1,000/- P.M. was claimed in this behalf. The Subordinate Judge who was seized of the case directed the official receiver to pay a sum of Rs. 500/- P.M. only to Smt. Sneh Lata, mother of the minor petitioners. Smt. Sneh Lata was required to maintain accounts of the whole expenditure incurred out of the allowance sanctioned for her children. This order was made on 6th January, 1966. Before, even six months had run out after the passing of the order of maintenance, another application was made on behalf of the petitioners asking for enhancement of the amount from Rs. 500/- to Rs. 1000/- P.M. as was originally prayed for. The Senior Subordinate Judge who passed the initial order had since then been transferred and his successor 11th January, 1967, on the ground that no drastic change of circumstances was shown to have occurred which could justify an increase in the maintenance allowance. It is against this order that the petitioners preferred an appeal in this Court on 20th April, 1967.

(3.) Mr. Krishan Lal Kapur, learned counsel for the appellants, states that the application for the grant of letters of administration was dismissed for what of prosecution on 2nd, May, 1970, but the receiver still continues to hold charge of the property. Mr. Ram Lal Aggarwal, appearing for Dwarks Dass, respondent, contends that since the application for the grant of letters of administration is no longer pending the present appeal has become infructuous. It is not necessary to adjudicate in this appeal as to what is the effect of dismissal of the original petition for grant of letters of administration on the continuance of the official receiver and whether it is desirable to discharge him or not. These are matters which can legitimately be agitated only before the trial Court but the fact remains that the receiver is still continuing and holds charge of the property.