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2000 Supreme(All) 1247

M.C.JAIN
LATE RAJ KUMARI SETH – Appellant
Versus
STAT – Respondent


Advocates Appeared:
MANISH GOEL, NAVIN KUMAR SINHA, Nimai Dass

M. C. JAIN, J.


( 1 ) THE background concerning the dispute may be related for proper appreciation. The present testamentary case has been filed by one Naveen Chand Seth for the grant of Letters of Administration in respect of the estate of Smt. Raj Kumari Seth, comprising of her half share in Nazul land plot no. 34, George Town, Allahabad. She was the mother of the petitioner and died on 11th february, 1999. Smt. Poonam Kakkar and praveen Chand Seth have been shown as other next of kin of the deceased. Smt. Poonam kakkar is her daughter whereas Praveen Chand is another step-brother of the petitioner Naveen chand Seth. It is an admited fact that lease deed in respect of the plot in question had been executed on 23rd October, 1914 to be retrospectively effective from the year 1910 for a period of 90 years subject to renewal after every thirty years. The original lessee was Rai Keshari narain Chaddha-predecessor of the parties. He left behind him his son Triyugi Narain chaddha. After the death of Triyugi Narain chaddha, lease rights had been inherited by his two sons Satjugi Narain Chaddha and Triloki narain Chaddha and lease was renewed in their names on 17/9/1946 to be retrospective



















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