Arun Tandon, J. - (1.) THE present first appeal from order was dismissed vide order dated 16th August, 2010. The reasons for which are being indicated below in this order.
(2.) THIS is Respondents' First Appeal From order filed under Section 299 of the Indian Succession Act, against the order dated 6th April, 1995 passed by the District Judge, Jhansi in misc. Case No. 54 of 1992, granting letter of administration in favour of the applicant i.e. Respondent no. 1 . The facts in short giving rise to the present First Appeal From Order are as follows:
(3.) AN application under Section 278 of the Indian Succession Act, 1925 (hereinafter referred to as the 'Act, 1925') was filed for letter of administration being issued in favour of Mahabir Prasad Singh. The application was filed before the District Judge, Jhansi, and was registered as Misc. Case No. 54 of 1992. It was alleged that Sri Har Narain Singh, the father of the applicant, Mahabir Prasad Singh had executed his last will dated 23rd June, 1991. A copy whereof was enclosed with the application. Sri Har Narain Singh expired on 16/17th October 1991 after the attaining the age of 83 years. Har Narain Singh left behind applicant, Gyanendra Singh as his sons, Madhuri Devi Singh and Jayanti Devi Singh as his daughters. Mother of the applicant had pre -deceased the father. On the basis of the will executed by Har Narain Singh, the applicant claimed that he was entitled to all the movable and immovable properties left by Har Narain Singh including his shares in the agricultural holding.;