PREMENDRA KUMAR Vs. DHARMENDER KUAMR

JUDGEMENT

(1.) Heard Mr. Saurabh Shekhar, learned counsel appearing for the appellant and Mr. Himanshu Kumar Mehta, learned counsel appearing for respondent nos. 1 to 6.

(2.) This appeal has been filed under Sec. 299 of the Indian Succession Act, wherein, the challenged is made to the judgment and order dtd. 25/5/2017 passed in Letter of Administration Case No.08 of 2016, passed by the learned Additional Judicial Commissioner-VII, Ranchi and further challenge is made with regard to grant of letter of administration vide order dtd. 15/7/2017 in favour of Sri Dharmender Kumar-respondent no.1.

(3.) Mr. Saurabh Shekhar, learned counsel for the appellant submits that respondent no.1 approached the learned Court under the provision of Sec. 278 of the Indian Succession Act and sought for grant of letter of administration of the Will executed by Malti Devi, who left for her heavenly abode on 29/9/2004 by filing Letter of Administration Case No.08 of 2016. He further submits that the said letter of administration case was moved through the application, affidavited on 16/2/2016, wherein, respondent no.1 has claimed that one Malti Devi, wife of Late Sita Nath Upadhay had acquired some immovable property in the district of Ranchi, Village Rani Bagicha, Road No.4, Kati Tand, Ratu, P.O. & P.S. Ratu, District- Ranchi, which are as under: