1. This appeal arises out of an application for letters of Administrate to the estate of one Dhodhal Kumar. The petitioners, who were the applicants in the Court below, claim the estate by right of survivorship. Their case in their petition was, that the deceased was joint with them and that, therefore, they were entitled to take the estate by survivorship.
2. I am of opinion that, on these allegations, their claim for Letters of Administration was bound to fait If their allegation be correct that Dhodhal was joint with them, then it must follow that Dhodhal left no estate whatever, to which Letter of Administration could be granted. Although the learned District Judge has not decided the case on this finding, I think that his decision in rejecting the application of the petitioners is right and ought to be affirmed.
3. I would dismiss this appeal with costs.
Adami, J.
4. I agree.