STATE OF PUNJAB Vs. VISHWAJIT SINGH

JUDGEMENT

(1.) BRIEFLY the case of the petitioner is that Smt. Parbati Kaur widow of late Arjan Singh of Kapurthala executed a will dt. 21st July, 1956 at Indore bequeathing all her property for the benefit of general public in favour of Randhir Jagatjit Hospital, Kapurthala (hereinafter referred to as 'the Hospital') and appointed Jagan Nath Paul of Jalandhar as the sole executor of the will. She died at Indore on l5th Aug. 1956. Jagan Nath Paul refused to act as executor on account of his age. Consequently a petition has been filed by the State through the Chief Medical Officer, Kapurthala for grant of Letters of Administration on the basis of the will.

(2.) THE petition has been contested by Vishwajit Singh respondent No. 1, Sehdev Singh respondent No. 2 and Atam Dev Singh respondent No. 3. Vishwajit Singh, in his written statement, pleaded that Smt. Parbati Kaur did not execute any will in favour of the Hospital as alleged. She was not of sound and disposing mind on the date when the will is alleged to have been executed by her. The will is also invalid as she was limited owner of the property and could not dispose it of by a will. Consequently the petitioner is not entitled to get Letters of Administration. Respondents Nos. 2 and 3 pleaded that the petition has been filed by an unauthorised person on behalf of the State, that the petitioner has no right to file a petition for Letters of Administration in the presence of the executor named in the will, that the petition is not properly verified and that the petition is bad for misjoinder of parties as respondent No. 1 has no right or interest in the property. It is further pleaded that the petition is not within limitation and that it is not maintainable as they are in possession of the property of the deceased. They also pleaded that the deceased did not execute any valid will.

(3.) ON the pleadings of the parties the following issues were framed by the District Judge. Kapurthala where the petition was filed: