RAMNIWASI Vs. MADANLAL

JUDGEMENT

(1.) THE appeal before me is by a caveator under Section 299 of the Indian succession Act, 1925 read with Section 96, Civil P. C. and is directed against the judgment of the learned District Judge. Jodhpur, dated 29-9-1970 granting letters of administration with a copy of the wills annexed regarding the estate of one Smt. Ramkanwari deceased in favour of the respondent Madanlal.

(2.) SMT. Ramkanwari was a widow having no children and was aged about 80 at the time of her death on 30-12-1963. She became a widow at an early age. She had two houses, which she inherited from her husband, situated in what is known as Peepliwali Gali, Jodhpur. They are said to be worth Rs. 6,000/ -. She also had household effects worth Rs. 200/-or so. Also she had an account with one sunderdas Kanhaiyalal. Rs. 1126/-were in deposit with Sunderdas Kanhaiyalal in the name of the deceased. She had to pay Rs. 380/-to one Narayandas. On an application by one Anant Ram the Collector of Jodhpur took proceedings in escheat in respect of the property left by deceased Ramkanwari as it was given out that smt. Ramkanwari had died heirless. Madanlal contested the escheat proceedings and came forward with two documents alleged to be executed by the deceased in his favour and they purported to be the wills made by Ramkanwari during her lifetime. The Collector appointed a receiver for the property of Ramkanwari and eventually directed Madanlal to obtain letters of administration or probate in respect of the wills propounded by him. It is in these circumstances that Madanlal made the application for grant of letters of administration with a copy of the wills annexed in the Court of the District Judge, Jodhpur.

(3.) THE near relations of the deceased were the sons and daughters of her brothers and one Chhaganlal who was the son of the sister of Ramkanwari's husband.