P. N. BHAGWATI, M. U. SHAH, J.

( 1 ) THIS appeal arises out of an application made by the applicant as the universal legatee of the estate of one Bechar Dunger alias Maharaj Balakdasji (hereinafter referred to as the deceased) for obtaining letters of administration with a copy of the will annexed. The deceased was originally a resident of Khoda and was carrying on worship of his Thakorji at that place. In Samvat Year 1979 he purchased land bearing Plot No. 98 admeasuring 2 0 square yards at Jorawarnagar and built a temple on the said land and installed the image of his Thakorji in the said temple. He thereafter shifted to Jorawarnagar and performed the worship of Thakorji and managed and looked after the temple. One Sadhu named Maharaj Shri Karsandasji gave him a `kanthi and initiated him in the order of a Sadhu and since then he came to be known as Maharaj Shri Balakdasji. He dedicated the land and the temple standing on it to Thakorji and carried on management of the temple and per formed worship of Thakorji as a shebeit. It appears that some part of the property constructed on the land was let out and income was being received from tenants in respect of such part and the deceased took the entire income consisting of rent and offerings for himself and maintained himself out of such income. The deceased already had one wife but he took another wife named Bai Zabu on 20th December 1946. Thereafter he made a will dated 5th November 1947 disposing of in favour of the applicant who was initiated by him as his Chela during his lifetime the right to manage the temple and to worship Thakorji and to take the income of the temple including rent and offerings for his own maintenance The will was signed by the deceased in the presence of two witnesses namely Bhikhalal Oghadbhai and Govubha Zhala who attested the signature of the deceased on the will. The deceased thereafter died some time in 1949. Now at the date of the death of the deceased the applicant who was the universal legatee under the will of the deceased was a minor and he therefore after attaining majority made the present application for obtaining letters of administration of the estate of the deceased with a copy of the will annexed. The application was filed on 1 September 1959 in the Court of the Civil Judge Senior Division Surendranagar and notice of the filing of the application was served on Bai Zabu. Bai Zabu filed her objections on 11th January 1960 and on the same day the applicant filed affidavits of himself and his witnesses of whom it is necessary to mention the names of only two namely Ratilal Chhotalal and Govubha Zhala and Bai Zabu also filed the affidavits of herself and her witnesses. The application was ultimately heard on 14th April 1960 when the witnesses who had made the affidavits on each side were cross-examined by the other side and after the cross-examination was concluded the arguments were heard by the learned Civil Judge. The learned Civil Judge by an order dated 30th April 1960 held that the applicant had succeeded in establishing the due execution of the will and he accordingly granted letters of administration with a copy of the will annexed to the applicant provided the applicant paid the requisite court fee stamps. Bai Zabu who was the opponent in the application thereupon preferred the present appeal in this Court.

( 2 ) THE first contention urged by Mr. Padia learned advocate appearing on behalf of the opponent was that the learned Civil Judge had no jurisdiction to grant the letters of administration since a contention was raised on behalf of the opponent resisting the grant of letters of administration. It was only if the case was non-contentious that the learned Civil Judge could have jurisdiction to entertain the application and to grant letters of administration as a District Delegate under sec. 265 of the Indian Succession Act but as soon as the case became a contentious one on the opponent filing her objections to the grant of lette

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