DEOKALI Vs. NAND KISHORE

JUDGEMENT

(1.) The validity of a will executed by one Shivnarayan is under challenge in this case. Shivnarayan's wife had predeceased him. He had two daughters Ramkali and Deokali. Ramkali had six daughters and three sons - Nand Kishore, Santosh and Prakash. Santosh and Prakash were minors at the time of execution of the will. By the will Shivnarayan gave all his properties to the three sons of his elder daughter Ramkali. The will was executed on 2-5-1972. Shortly thereafter, sometime in May, 1972, Shivnarayan was shot dead. Banwari Lal, the husband of Deokali and his brother Rudra were charged with murder. Banwari Lal was acquitted by the Court but his brother Rudra was, convicted and sentenced to rigorous imprisonment of life by the Sessions Court. It appears from the facts recorded by the Court of Additional District Judge and also the High Court that Ramkali after her marriage started living with her father Shivnarayan along with her husband Balaprasad.

(2.) Deokali, the younger daughter after her marriage used to live with her husband Banwari Lal in the husband's house. Banwari Lal and Deokali quarrelled with Shivnarayan at the time of the marriage of Ramkali's daughter and demanded half share of the property of Shivnarayan. The people of the village assembled but Shivnarayan refused to give any share of his property to them. He said that he had kept Ramkali in his house and that Ramkali and her children had looked after him. He was not satisfied with the conduct of Deokali and her husband and he will not give any share of his properties to them.

(3.) Be that as it may, Shivnarayan was murdered shortly after the execution of the will. There were disputes about the properties left behind by Shivnarayan.