Decided on June 01,1950

Rura Ram Ganga Ram Aggarwal Appellant
L. Munshi Ram And Others Respondents


Harnam Singh, J. - (1.) LALA Narain Dass, a childless and wifeless Maheshari Banya, was retired Railway Ticket Collector of Amritsar. He made the will, certified copy whereof is Ex. P. W. 3/4 on 4th October 1934, at Phillaur and got it registered on 19th October 1934. Lala Narain Dass then sent Ex. P. W. 3/1 which is another copy of that will to Sardar Sawan Singh of Dera Bawa Jaimal Singh, one of the beneficiaries under the will. Under that will Lala Narain Dass bequeathed one half of the deposits in the Punjab National Bank, Ltd., Ludhiana, and the Post Office at Phillaur, to Sardar Sawan Singh or his spiritual successors of Dera Bawa Jaimal Singh and the other half of the deposits together with his entire household effect to the Manager Hindu Yatim Khana, Ravi Road, Lahore. Lala Munshi Ram, Lala Kharaiti Ram, Amar Nath and Lala Har Narain were appointed executors under the will of Lala Narain Dass.
(2.) ON 25th June 1949, Lala Munshi Ram, Kharaiti Ram and Lala Amar Nath made an application under S. 276, Succession Act, 1925 (hereinafter referred to as the Act) for the grant of probate of the copy of the will, Ex. P. W. 3/4. Lala Har Narain, the fourth executor under the will, it was stated in the application, had died before the application was made. Now, the application under S. 276 proceeds on the grounds mentioned hereunder; (1) that, inasmuch as Lala Narain Dass has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the presumption arose that Lala Narain Dass was dead; (2) that the registered will dated 4th October 1934, was the last will and testament of the said Narain Dass, but that the original has not been found in the papers and household effect of the deceased; and (3) that the deceased had left a fixed deposit of Rs. 8,000 in the Punjab National Bank Ltd., Ludhiana, and a deposit of Rs. 328 -3 -6 in the Post Office at Phillaur but that the documents with respect to these deposits have not also been recovered from the papers and the household effects of the said Narain Dass.
(3.) BOORA Ram respondent appeared in the proceeding in the Court of the District Judge, Jullundur, and resisted the grant of the probate of the copy of the will, Ex. P. W. 3/4, alleging that the registered will dated 4th October 1934, was not the last valid will of Lala Narain Dass deceased, and that he had revoked that will under another will, Ex. R -1, made on 23rd October 1940.;

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