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1942 Supreme(All) 131

ALLSOP, IQBAL AHMAD
Mt. Ram Kali – Appellant
Versus
Administrator-General – Respondent


JUDGMENT

Allsop, J. - This application for the issue of letters of administration with the copy of a will annexed was made by Mt. Nanhi and Devi Prasad. The will was alleged to have been executed by B. Kunj Behari Lal, the father of Mt. Nanhi and the grand-father of Devi Prasad. There was an objection by B. Kunj Behari Lal's second wife and her daughter. The application was that letters of administration should be issued to the Administrator-General. The question arose whether a third party could make an application of that kind and ultimately the Administrator-General was substituted with the consent of the Court for the original applicants. The question now is whether letters of administration should be issued to the Administrator-General. Two issues were framed on the objections of the other party, namely, (i) Was the will of 6th December 1932, validly executed by Kunj Behari Lal? and (2) Is the Administrator. General legally entitled to obtain letters of administration as claimed by him on the facts alleged?

2. On issue 1 a witness, Muhammad Azhar, a son of Syed Jawad Husain, has been examined. He has proved that the "will was executed by Kunj Behari Lal in proper form and there

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