RURA RAM GANGA RAM AGGARWAL Vs. L. MUNSHI RAM AND OTHERS

JUDGEMENT

(1.) LALA Narain Dass, a childless and wifeless Maheshari Banya, was retired Railway Ticket Collector of Amritsar. He made the will, certified copy whereof is Ex. P. W. 3/4 on 4th October 1934, at Phillaur and got it registered on 19th October 1934. Lala Narain Dass then sent Ex. P. W. 3/1 which is another copy of that will to Sardar Sawan Singh of Dera Bawa Jaimal Singh, one of the beneficiaries under the will. Under that will Lala Narain Dass bequeathed one half of the deposits in the Punjab National Bank, Ltd., Ludhiana, and the Post Office at Phillaur, to Sardar Sawan Singh or his spiritual successors of Dera Bawa Jaimal Singh and the other half of the deposits together with his entire household effect to the Manager Hindu Yatim Khana, Ravi Road, Lahore. Lala Munshi Ram, Lala Kharaiti Ram, Amar Nath and Lala Har Narain were appointed executors under the will of Lala Narain Dass.

(2.) ON 25th June 1949, Lala Munshi Ram, Kharaiti Ram and Lala Amar Nath made an application under S. 276, Succession Act, 1925 (hereinafter referred to as the Act) for the grant of probate of the copy of the will, Ex. P. W. 3/4. Lala Har Narain, the fourth executor under the will, it was stated in the application, had died before the application was made.

(3.) BOORA Ram respondent appeared in the proceeding in the Court of the District Judge, Jullundur, and resisted the grant of the probate of the copy of the will, Ex. P. W. 3/4, alleging that the registered will dated 4th October 1934, was not the last valid will of Lala Narain Dass deceased, and that he had revoked that will under another will, Ex. R -1, made on 23rd October 1940.