- (1.) Leave granted. 1. The genesis of the lingering dissension in the instant proceeding lies in the Will claimed by the appellant herein to have been executed on 22-10- 1973 by Nathu Singh (since deceased), the predecessor in the interest of the respondents, thereby bequeathing the property mentioned therein to him (appellant). The judgment and order dated 15-05-2007 passed in P C No. 249/1980 (re-numbered as PC No. 160/2006), by the District Judge, Tis Hazari Court, Delhi, granting Letter of Administration to him, has been reversed by the High Court of Delhi by its judgment and order dated 02-07- 2014 rendered in FAO No. 279 of 2007 as assailed herein.
(2.) We have heard Mr. Paras Kuhad, Sr. Advocate for the appellant and Mr. Daljeet Singh, Senior Advocate for the respondents.
(3.) A brief outline of the pleaded facts would portray the rival orientations. The appellant, to reiterate, filed an application under Section 276 of the Indian Succession Act 1925 (for short hereinafter referred to as the Act) with the Will annexed, seeking grant of Letter of Administration. He stated that the Will had been executed by Mr. Nathu Singh on 22-10-1973, as the sole and absolute owner amongst others of Municipal House Tax No. 807 (Private No. A/152 to A/162/1) situated at Sukhdev Nagar, Kotla Mubarakpur, New Delhi, bequeathing the same to him. The appellant stated that the testator nursed great love and affection for him for the services rendered by him and was not favourably disposed towards his sons for their disagreeable conduct and activities. It was mentioned that the testator expired on 02-08-1980 at Delhi whereafter, Shri Harswaroop Sharma, resident of 41, Subhash Market, Kotla Mubarkpur, informed him to receive the Will lying in his custody. It was, thereafter, according to the appellant that the application for Letter of Administration was filed. In the petition, he averred the names and particulars of the sons and daughters of the deceased testator and disclosed further that the subject matter of the Will was located in New Delhi. That the Will was executed and made in Delhi was also mentioned. The appellant did provide and sign a verification declaring the correctness of the statements made therein. Further another verification subscribed by Mr. G. C. Kumar, Advocate, Delhi in the capacity of an attesting witness to the Will, was also made.;