LAWS(SC)-2014-7-105

VED MITRA VERMA Vs. DHARAM DEO VERMA

Decided On July 31, 2014
VED MITRA VERMA Appellant
V/S
Dharam Deo Verma Respondents

JUDGEMENT

(1.) Aggrieved by the judgment and order of reversal passed by the Gauhati High Court at Guwahati, Shillong Bench, this appeal has been filed. The Respondent-Dharam Deo Verma had filed an application in the Court of Additional Deputy Commissioner at Shillong Under Section 276 of the Indian Succession Act, 1925 (for short "the Act") for grant of Letters of Administration in respect of a Will dated 20th November, 1974, claimed to have been executed by his father late Satyanand Verma. The learned trial Court rejected the application holding the circumstances surrounding the execution of the Will to be suspicious. In Appeal, the High Court reversed the said verdict by an elaborate judgment.

(2.) The correctness of the view taken by the High Court has been sought to be assailed by contending that the reversal of the verdict of the learned trial Court overlooks a series of suspicious circumstances which, it is contended, ought to have been taken into account to hold that execution of the Will by the Testator in favour of the present Respondent has not been proved.

(3.) The suspicious circumstances, according to the Appellant, may be enumerated in seriatim herein under: