Kalajit Singh vs Parmesher Singh

Chapman; J.

This appeal arises out of a proceeding for the revocation of Probate granted to one Parmesher Singh in the matter of the Will of one Balajit Singh. The application for revocation was made by Kalajit Singh upon the ground that he was a brother of Balajit Singh, that he was joint with him and that he was entitled to citation u/s 69 of the Probate and Administration Act. The learned District Judge rejected the application for revocation upon the ground that the applicant did not claim to have any interest in the estate of the deceased.

The applicant now appeals to this Court. I am of opinion that the view taken by the learned District Judge was correct. The applicant claimed to be joint in estate with the deceased while he was living and that the interest of the deceased during his lifetime was that of a member of a joint family thus his case was that the interest of the deceased terminated with his death. The result is that the applicant did not claim to have any interest in the estate of the deceased, this case being that there was no estate of the deceased.

The result is that the appeal is dismissed with costs.

Roe, J.

I agree.