Case Details

Citation(s)
1956 SLG 73 1956 SLD 73 1956 PLD 286
Lahore High Court
Probate Case No. 2 of 1955, decided on 23rd December 1955
B. Z. KAIKAUS, J
Norman Edmunds, Administrator-General, Punjab (Pakistan) for Petitioner. Nemo for Custodian

ADMINISTRATOR GENERAL (PUNJAB)

VS

CUSTODIAN OF EVACUEE PROPERTY

Law: Administrator Generals Act, 1913

Section: 7,9,10,11

Administrator-General's Act (111 of 1913), Ss. 7, 9, 10, 11-S. 7 confers a general right on Administrator-General to apply for letters apart from Ss. 9, 10, 11. Section 7, Administrator-General's Act (III of 1913) is not merely a rule of preference for, cases under sections 9, 10, 11 of the Act, but confers a general right on the Administrator ­General to apply for letters even apart from sections 9, 10 and 11. Letters were granted in this case in respect of the- estate of an exempted person, and, in whose case, conditions of sections 10 and 11 were not satisfied. Mst. Ram Kali v. Administrator-General, U. P. A I R 1943 All. 356 ref. JUDGMENT KAIKAUS, J.---This is an application by the Administrator­-General for letters of administration in respect of the estate of one Hari Mittar Tewari, who died in India, but left a deposit of Rs. 2,997-4-8 in the Allahbad Bank at Lahore. The application states that the deceased left behind a mother, two brothers, a widow and two sisters and that the Administrator-General, Simla (India), had requested the petitioner to apply for letters of administration in respect of the deposit in the Allahabad Bank at Lahore. A citation was issued in a newspaper giving notice of the hearing of this application. Nobody has appeared to oppose it. Under section 22 of the Administrator-General's Act, a petition submitted by an Administrator-General is to contain only the time and place of the death of the deceased, the names and addresses of his next-of-kin (if known) and parti­culars of his assets and liabilities. Under section 29 of the Act, the Administrator-General is not required to verify any statement made in the petition except by his signature if he speaks from personal knowledge. So, if I decide in favour of the petitioner the question of the competency of this applica­tion, the application ought to be granted. The only question is whether the Administrator-General is entitled to apply. It is convenient to quote here some of the relevant sections of the Administrator-General's Act :- "6. So far as regards the Administrator-General of any Division, the High Court shall be deemed to be a Court of competent jurisdiction for the purpose…
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