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1996 Supreme(All) 473

A.K.BANERJI
ADMINISTRATOR GENERAL, UTTAR PRADESH, ALLAHABAD – Appellant
Versus
DHARAMVIR ALIAS MOHD. HAROON – Respondent


ASHIM KUMAR BANERJEE, J.

( 1 ) BY means of this petition filed under Section 9 of the Administrator General Act, the Administrators General, Uttar Pradesh has sought Letters of Administration in respect to the estate of one late Dharambir alias Mohd. Haroon.

( 2 ) IT has been stated in the petition that Dharambir alias Mohd. Haroon died at Mainpuri on 27-9-1994. The deceased who was a bachelor and did not leave him surviving any son, daughter or any other next of kin to succeed his estate. However, certain persons mentioned in paragraph No. 5 of the petition have filed Case No. 107 of 1994 in the Court of the District Judge, Mainpuri for grant of Succession Certificate claiming rights on the basis of a Will allegedly executed by late Dharambir in their favour. As the said persons were not the next of kins, under Section 7 of the Administrators General Act it is the Administrator General alone who is entitled to grant of Letters of Administration. It wasconsequently prayed that the Letters of Administration be granted to the Administrator General with regard to the estate left by the deceased.

( 3 ) ON notice being issued, a counter affidavit has been filed on behalf of the opposite













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