Pankaj Mithal, J. - (1.) HEARD Sri J. Nagar, Senior Advocate, assisted by Sri Shubham Agarwal, learned counsel for the applicant Qaisarul Islam. The applicant has applied under Section 263 of the Indian Succession Act, 1925 for the revocation of the Letters of Administration granted by this Court on 27.5.2013 in favour of one Mohd. Bu Ali in respect of the estate of the deceased Imamat Husain with the Will annexed. The applicant is claiming rights on the properties of the late Imamat Husain on the basis of an oral gift of 1972 and as his sister's son (Bhanja).
(2.) THE submission of learned counsel for the applicant is that as the applicant has interest in the property of the deceased, he should have been named in the proceedings and issued a citation before granting the Letters of Administration. Secondly, the applicant is an illiterate person. The citation published in the news papers had escaped the notice of the applicant and as such he could not appear and file caveat so as to contest the grant. In support of his contentions, Sri Nagar has placed reliance upon two decisions one in (1) Anil Behari Ghosh v. Smt. Latika Bala Dassi and others, : AIR 1955 SC 566 and Smt. Annapurna Kumar v. Subodh Chandra, : AIR 1970 Calcutta 433. The Calcutta authority is only to the effect that where a person has slightest interest in the property, he is entitle to be issued a citation of the petition but the absence would not necessarily result in revocation of the grant. Thus, in view of above, the applicant claiming himself to be the Bhanja may be having a right of citation but the issue is whether the non issuance of the said citation to him would render the grant as invalid.
(3.) THE grant was made after the citation was published in the news papers twice. The publication was made in a widely circulated news papers in the area where the applicant resides. The publication of the citation in the news paper of the area is not disputed. Therefore, citation to the public in newspaper would be a citation to the applicant as well.;