V.E. DESOUZA AND ANR. Vs. R.P. DESOUZA AND ORS.

JUDGEMENT

(1.) THIS an appeal under Section 299 of the Indian Succession Act against an order passed in Letters of Administration Case No. 17 of 1953 by the District Judge, Indore, on 5 -10 -l953 dismissing the application for granting Letters of Administration with the will annexed to the Appellants.

(2.) THE deceased Peregrine Joseph DeSouza made a will on 21 -2 -1951 at Mhow bequeathing all his movable property worth nearly Rs. 7,000 to his brother and his brother's wife who are Appellants Nos. 1 and 2 in this appeal. He was at that time sixty years of age and was residing with the Appellants in Bungalow No. 109 at Mhow Cantonment. The will is a registered document. The testator then died on 15 -1 -1953 in Mhow in the house of the Appellants. The deceased left behind him, besides the Appellants, two more brOrs. and two sisters who are Respondents in this appeal.

(3.) THE main thing that seems to have weighed with the learned District Judge is that the Appellants had not informed other brOrs. and sisters about the death of the deceased. Appellant No. 2, who is the wife of Appellant No. 1, clearly deposed that she had informed all the relations of the deceased of his death by telegrams. But she could not produce receipts of the telegrams.