JUDGMENT 1. - This petition has been moved under Section 278, Indian Succession Act (hereinafter to be called `the Act') for the grant of letters of administration in respect of the Locker No. 67 of the Indian Bank, Vivckananda Road Branch, Calcutta standing in the joint names of Bhikam Chand Dosi and his wife Sampat Devi (Petitioner No. 1). 2. It has been averred in the petition, in short as follows. The petitioner No. 1 Smt. Sampat Devi was married with Bhikam Chand Dosi in the year 1967. Petitioner No. 2 Santosh (daughter) and petitioner No. 3 Sanjay (son) were born out of this wedlock. Whereabouts of Bhikam Chand Dosi were not known since the year 1974. Despite best efforts, he could not be found out so far. Nothing has been heard about him during this period by the petitioners or any of his relatives. The said Locker was opened in the joint names of Bhikam Chand Dosi and his wife Sampat Devi. The petitioners are entitled to get the ornaments and papers lying in the said Locker. The petitioner No. 1 being the mother of the petitioners No. 2 and 3 is entitled to operate it. The key of the said Locker has been misplaced. The authorities of the said Bank have directed the petitioner No. 1 to obtain necessary orders for operating the said Locker. Bhikam Chand owned a house situated in the village Talchhapar (Churu) and the petitioners are in possession of it. 3. Despite issuing citation under Section 283 of the Act, none has filed objection against the petition. 4. The petitioners have examined the petitioner No. 1 Sampat Devi, P.W.1 and Sampat Raj P.W.2 in support of the petition. Both of them have deposed that whereabouts of Bhikam Chand Dosi arc not known and nothing has been heard about him since the year 1974, great efforts were made to find him out but he could not be found out. As such presumption of his being dead can well be raised under Section 108, Evidence Act. The petitioner No. 1 Sampat Devi has duly supported the petition in her statement on oath. There is no reason to disbelieve the statements of Sampat Devi P.W.1 and Sampat Raj P.W.2. The petition deserves to be allowed. 5. The petition moved under Section 278, Indian Succession Act, 1925 is allowed. 6. The petitioner No. 1 Sampat Devi has duly supported the petition in her statement on oath. There is no reason to disbelieve the statements of Sampat Devi P.W.1 and Sampat Raj P.W.2. The petition deserves to be allowed. 5. The petition moved under Section 278, Indian Succession Act, 1925 is allowed. 6. At the cost of the petitioners, the authorities of the Indian Bank, Vivekanand Road Branch, Calcutta-7 will get the said Locker No. 67 standing in the joint names of Bhikam Chand Dosi and his wife Sampat Devi (petitioner No. 1) opened in presence of Sampat Devi and a responsible officer of the Bank and will also get prepared a list in triplicate of all ornaments, articles and documents found therein, containing necessary description and weight of each item ornament. One list will be given to (he petitioner No. 1 and another will be sent to this Court. Each page of the lists will contain the signatures of concerned officer of the Bank and the petitioner No. 1 Sampat Devi. After the preparation of the said list, all the ornaments, articles and documents will be kept back in the said Locker, it will be locked and its key will be given to the petitioner No. 1 Sampat Devi. 7. Thereafter, the petitioner will pay court fee as required under Section 51, Rajasthan Court Fees and Suits Valuation Act, 1961. 8. After the payment of requisite court fee, letter of Administration will be issued in favour of the petitioners in the prescribed form, authorising the petitioner No. 1 Sampat Devi to operate the said Locker. 9. A copy of this order be sent to the Manager Indian Bank, 36/1, Vivekananda Road, Calcutta-7 for information and necessary action.Ordered accordingly. *******