BAIJ NATH CHAUDHARY Vs. DILIP KUMAR

JUDGEMENT

(1.) The point in issue which arises for consideration in this case relates to the validity of the will of one Shri Sita Ram Chaudhary stated to have been executed on 6-11-1956 in favour of the appellant.

(2.) The appellant, who is stated to be the sister's son of Sita Ram chaudhary had filed an application before the District Judge, Muzaffarpur for letters of administration in respect of the will dated 6-11-1956 stated to have been executed by the said Sita Ram Chaudhary. Sita Ram Chaudhary had died on 26-3-1958 and he was survived by his wife Laxmi Chaudharain and a sister Jago Chaudharain. The appellant herein, who was a propounder of the will, was the son of Jago Chaudharain.

(3.) Evidence was led to the effect that the said will had been executed in the presence of attesting witnesses. The will bears the thumb impression of sita Ram Chaudhary on each page and thereafter when the witnesses had signed in token of the execution of the will the said will was registered with the Sub-Registrar, who had written the said document also testified to the aforesaid facts.