A.N. Bhandari, J. - (1.) TWO applications under Section 301, Succession Act have been presented to this Court, one by the executors for permission to retire from executorship and the other by an infant, who claims to be a grandson of the testator, for the removal of the said executors.
(2.) THE following pedigree -table shows the relationship between the testator, the executors and the beneficiaries: Wife, Sm. Attar Kaur - S.B.S. Narain Singh - Wife Sm. Labh Kaur | | ___________________________________________________ | | | | S. Ranjit Singh = S. Jagjit Singh | Mrs. Ranjit Singh | | ______________________________________________________________________________________ | | | | | Balwant Malvindar Kaur Bhopindar Kaur Jagmair Singh Shamashair Singh Kaur | (Mrs. Santokh Singh) (Mrs. Seva Singh Gill) Mahesh Indar Tej Partap Singli minor Singh. It is common ground that on or about 14 -7 -1934, Sardar Bahadur Sardar Narain Singh, a well -to -do contractor of New Delhi, executed a will by which he bequeathed his vast estate to his sons, daughters and other relations. He appointed his two sons S.B. Ranjit Singh and S. Jagjit Singh and his son -in -law S. Santokh Singh as executors of the will to manage the property. The testator died on 28 -1 -1939 and the executors entered upon their duties as executors and trustees of the estate. S. Tej Partap Singh, son of a prodoceased son of the testator, who was a minor at the time of the death of his grandfather, attained majority on 10 -12 -194. On 20 -7 -1948 S.B.S Ranjit Singh and S. Jagjit Singh put in a petition under Section 301, Secession Act for permission to retire from executorship. About a year later, i.e., on 10 -8 -1949 a petition under Rule 10 of Order 1, Code of Civil Procedure was put in on behalf of S. Mahesh Indar Singh who claims to be a grandson of the testator for being impleaded as a party, and on 12 -9 -1949 an application under Section 301 was put in on his behalf for the removal of S.B. Ranjit Singh and S. Jagjit Singh.
(3.) THE portion of the will which is relevant to the decision of this case runs as follows: After defraying all these expenses the remaining income of the properties in list jim will be owned half and half by Jamair Singh and Taj Partap Singh and the executors should pay 75 percent of the income of Jagmair Singh to him reserving the balance of 25 percent with them which also they can pay to Jagmair Singh in case of emergency at their diseretion, but it should not be given to Jagmair Singh for any improper object. It will be incumbent on the executors to look after the education and bringing up of Tej Partap Singh and the daughters of Shamsher Singh in proper way and when Tej Partap Singh becomes of 21 years of age the executors should hand over to Tej Partap Singh his one half share of the properties in list jim, the other half share of Jagmair Singh of the properties in list jim should be managed by the executors in the above mentioned manner till the lifetime of Jagmair Singh. If no son is born to Jagmair Singh, Tej Partap Singh after the death of Jagmair Singh will be considered the owner of Jagmair Singh's one half share of the properties in list jim also, but should a son be born to Jagmair Singh the executors should continue to manage as above mentioned the one half share of Jagmair Singh in the properties in list jim till his son attains the age of 21 years.;