JEHANGIR DADABHAI Vs. KAIKHUSRU KAVASHA

JUDGEMENT

(1.) One Dadabhoy Byramji, a Parsi inhabitant of Tarapur, died on 21 August 1866 after having made a Will in the Gujarati language on 8 August 1866. He left two sons Pallonji and Jehangirji (defendant No. 1). Pallonji, the elder son, was a person of weak intellect and unable to look after his affairs. Jehangirji entered upon the management of the whole estate immediately after his father's death. He obtained probate of his Will in 1867. His son Byramji (defendant No. 2) was about five years old at the time of the testator's death.

(2.) Pallonji died in 1897 leaving a widow Kuverbai (defendant No. 3), his son-in- law, Kavasha, husband of a predeceased daughter (defendant No. 4), and his daughter's son Kaikhushru (plaintiff). Pallonji was twice married but had no son born to him. Pallonji was living with his brother Jehangirji up to his death.

(3.) On 7 March 1906, the plaintiff, as the constituted attorney of Kuverbai, applied for letters of administration to Pallonji's estate. On 22 December, 1909, letters of administration were granted to the plaintiff.