CHANAN DEVI Vs. DES RAJ RAMCHAND

JUDGEMENT

(1.) THIS case has an unfortunate history, Pandit Ram Chand, husband of the present appellant, executed a will on the 21st June, 1955, appointing Shrimati chanan Devi, appellant herein, as the executrix of the will as well as the sole legatee. He died on the 18th September, 1955. The appellant made an application under S. 276 of the Indian Succession Act, hereinafter referred to as the Act, for a probate of the will. With this application, she annexed a schedule indicating the amount of assets, which were likely to come to her hands, as well as a schedule of liabilities which, according to her, had to be met by the estate of the deceased. A probate was granted by the District Judge, Jullundur, on the 4th of February, 1957. It appears that with the probate were annexed the copies of schedules, mentioned above.

(2.) ARMED with a copy of the probate, the appellant applied to the State Bank of india to deliver to her the ornaments mentioned in the schedule which were in a locker in the State Bank of India, in the name of testator. When the locker was opened, it contained many more ornaments and much more gold than was mentioned in the schedule attached to the probate and consequently the Bank refused to deliver any ornaments to the appellant.

(3.) ON the 19th of March, 1958, an application was moved on behalf of the appellant before the District Judge, Jullundur, praying that the State Bank of India be directed to hand over to her all the gold and jewellery contained in the locker. The learned District Judge dismissed this application on the 28th of April, 1958, with the following observation: