Adesh Kumar & Ors vs State & Ors
2010 Latest Caselaw 642 Del

                                                   UNREPORTABLE


*      IN THE HIGH COURT OF DELHI AT NEW DELHI


                         FAO No.38/2010


                              Date of Decision: February 04, 2010


       ADESH KUMAR & ORS                ..... Appellants
                    Through Mr. Virendra Singh, Advocate

                    versus


       STATE & ORS                        ..... Respondents
                         Through None


       CORAM:
       HON'BLE MISS JUSTICE REKHA SHARMA

1.     Whether the reporters of local papers may be allowed to see the
       judgment? No
2.     To be referred to the reporter or not? No
3.     Whether the judgment should be reported in the 'Digest'? No

REKHA SHARMA, J. (ORAL)

This appeal has been preferred by the appellants against the

order of an Additional District Judge, dated September 07, 2009

dismissing a petition filed by them in the trial Court seeking

revocation of grant of 'Letters of Administration' to respondents

No.2 & 3 with respect to the 'Will' executed by late Shri Banwari Lal

dated January 16, 1986.

It is submitted by learned counsel for the appellants that the

testator Banwari Lal was not the owner of the property in respect of

which he executed the 'Will' in question and, therefore, no 'Letters of

Administration' could have been granted with regard to that Will. It

is, however, not disputed that the appellants are tenants in the

property in question and they are not claiming any right under the

Will. It is also not disputed that pursuant to the grant of the 'Letters

of Administration' qua the 'Will' in question, the beneficiaries under

the 'Will' have sold the property to third parties. According to learned

counsel for the appellants, an eviction suit is pending against them in

the Court of an Additional Rent Controller, Karkardooma. The said

suit has been filed against them by respondents No.2 & 3.

The learned Additional District Judge has dismissed the petition

for revocation of grant of 'Letters of Administration' on the ground

that the appellants being tenants have no locus-standi to challenge

the 'Will'. I find no infirmity in the order so passed. The learned trial

Judge while granting 'Letters of Administration' was not supposed to

go into the question of title of the property. He was only required to

examine, whether the 'Will' was duly executed which he did and

passed an order in favour of the respondents. The said finding has

not been called into question. The appeal, in the circumstances, is

dismissed. However, it will be open to the appellants to raise before

the Additional Rent Controller the plea that respondents No.2 & 3

herein have no locus to file the eviction petition against them. Any

such plea if raised shall be decided by the Additional Rent Controller

on its own merits.

REKHA SHARMA, J.

FEBRUARY 04, 2010 ka