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1975 Supreme(Pat) 123

HARI LAL AGRAWAL
Dil Kuer And Others – Appellant
Versus
Hari Chandar Prasad – Respondent


Judgment

1. This miscellaneous appeal under Sec.299 of the Indian Succession Act arises out of a proceeding at the instance of the appellants for revocation of a will. The relevant facts are these:

2. One Sukhdeo Mahto executed a will on 15-9-1964 (Exhibit D) in favour of respondents 1 and 2, his agnates he himself having no issue. On the death of the said testator on 15-1-1965, an application for grant of letters of administration was filed in the Court of the District Judge of Patna on 2-2-1965 by the aforesaid beneficiaries. Appellant No. 1, who happens to be a sister of the testator, was one of the persons mentioned in the application for grant of the letters of administration, and according to her case, on the death of Sukhdeo Mahto, she being his only heir, inherited the property and came in possession of the same. The other two appellants are the vendees of appellant No. 1, to whom she transferred the entire property by a registered deed of sale dated 9-6-1968. The application for grant of letters of administration was allowed ex parte on 6-11-1965. The appellants thereupon filed an application for revocation of the grant of the letters of administration under Sec.263 of the














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