ARUN BHANSALI,J. - (1.) This appeal under Section 299 of the Indian Succession Act, 1925 ('the Act') was filed by the appellant Surja Das aggrieved against the order dated 10.08.1999 passed by the District Judge, Merta, whereby application filed by the respondent Bhanwarlal under Section 276 of the Act has been accepted and based on the Will dated 03.04.1984 executed by Ram Jeewan Das, 'letter of administration' has been ordered to be issued in his favour.
(2.) During the pendency of the appeal Surja Das died and his legal representatives were brought on record.
(3.) The respondent filed petition for granting 'letter of administration' with the averments that a temple of Narsinghji is situated in ward No.4 of Kuchaman City, whose Mahant and Pujari was Ram Jeewan Das; since 1978, the applicant was assisting Ram Jeewan Das in worshipping etc.; Ram Jeewan Das died on 01.02.1985 at Village Panchwa; late Ram Jeewan Das was satisfied with his service and, therefore, he executed a Will qua the temple on 03.04.1984 and got it registered. It was indicated that Surja Das, respondent in the petition became annoyed by the Will and filed a suit for cancellation of the Will, which is still pending; Ram Jeewan Das during his life time filed application for registration of the Trust with the Assistant Commissioner, Devsthan, Bikaner, wherein also Surja Das objected. It was claimed that Will has been legally executed and is the last Will of the deceased, based on the Will, the applicant has become Pujari and Manager of the temple, however, as several litigations have been filed pertaining to the Will, the application seeking grant of 'letter of administration' is being filed. It was prayed that 'letter of administration' be issued.;