COL. DAMANJIT SINGH Vs. CHARANJIT SINGH

JUDGEMENT

(1.) THIS first appeal is directed against order dated 22.3.1999 passed by Additional District Judge, Ludhiana, whereby petition filed by Charanjit Singh, Respondent, under Section 278 of the Indian Succession Act for grant of letters of administration of Will dated 18.4.1985 executed by Dr. Sajjan Singh Malik, has been allowed.

(2.) IN brief, the facts are that Dr. Sajjan Singh Malik died on 25.10.1987 at Ludhiana. He left behind four sons and two daughters. Charanjit Singh, Respondent filed petition under Section 278 of the Indian Succession Act seeking letters of administration in respect of the property of Dr. Sajjan Singh Malik, i.e. 145 shares, held by him in two companies, namely, Traco Cable Company Limited and Sehsa Saye Paper Board Mills Limited, and lease hold rights in regard to lease -deed dated 29.9.1986 of which Dr. Sajjan Singh Malik was a sub -lessee. Upon notice of the petition, only one son and a daughter of Dr. Sajjan Singh Malik, namely, Col. Damanjit Singh and Joginder Pal Kaur contested the petition. In their respective written statements, they denied execution of Will dated 18.4.1953 alleged to have been executed by Dr. Sayan Singh Malik in favour of Charanjit Singh. Col. Damanjit Singh on the other hand set up Will dated 31.1.1984 alleged to have been executed by Dr. Sajjan Singh Malik in his favour. He alleged that the Court of District Judge, Ludhiana, has no jurisdiction to entertain the petition inasmuch as Dr. Sajjan Singh Malik had no immovable property in district Ludhiana. In replication, Charanjit Singh denied that his father had executed Will dated 31.1.1984 in favour of Col. Damanjit Singh. He reiterated that the Court of District Judge, Ludhiana, has the jurisdiction to entertain the petition. On the basis of pleadings of the parties, Additional District Judge, Ludhiana, to whom the petition was entrusted for decision framed the following issues:

(3.) RELIEF .