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1962 Supreme(P&H) 126

TEK CHAND
Bishan Devi Khanna, D. C. Khanna – Appellant
Versus
Pirthi Singh Dhillon S. Jai Singh – Respondent


Judgment

1. This is a petition for the grant of Letters of Administration with the will annexed under Sections 233 and 276, read with Sec.300, of the Indian Succession Act. This matter raises a number of important questions of law which call for detailed examination.

2. The petition has been made in the following circumstances.

3. Col. Mahabir Sihgh Dhillon, who had also been serving temporarily as a Brigadier, and who was a Jat Sikh, was married to Miss Urmila Khanna, a Khatri by anand form of marriage on 17th April, 1943. On her marriage, Urmila was named Sukhbir Kaur. He was at that time a Major in the Army: At the time of the marriage, Urmila Khanna wag 21/22 years and her husband was 32/33 years old. In 1950 the husband was made a Brigadier and was posted at Kapurthala. On 16th March, 1950, it is alleged, he made a will at Kapurthala which is in duplicate. One will (Exhibit P.3) was deposited in the Grindlays Bank, Delhi and was sent there with a covering letter, Exhibit P.1, dated 20th March, 1950. The other will, which also bears the signatures of the testator, was sent to the Army authorities. This is" marked as Exhibit P.4. The testator had acquired most of his property as































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