DURGAPRASHAD Vs. DEBI GHARAN

JUDGEMENT

(1.) This appeal by certificate is directed against the judgment of the Delhi High Court dated 15-2-1967 reversing the decision of the Single Judge and dismissing the application filed for grant of probate by the appellant of a will said to have been executed by Smt. Jog Maya on the 1st July, 1947 and registered on 9th July, 1947. Smt. Jog Maya died on 22-10-1955. Soon thereafter the appellant who was the sole legatee and executor under the will filed a petition before the District Judge, Delhi for grant of letters of administration or probate.

(2.) Put briefly the appellant's case was that Smt. Jog Maya was a resident of Mohalla Rang Mahal, Nahar Sadat Khan Delhi and although she had an adopted son, namely, the respondent Pt. Devi Charan there was no love lost between Smt. Jog Maya and Devi Charan so much so that in her will the testatrix expressly mentioned that the adopted son should not be permitted to perform her funeral rites on her death nor should he be allowed to touch her body. The appellant Durga Prashad on the other had was looking after the affairs of the lady and doing her work from time to time. It was perhaps in lieu of the services rendered by the appellant that Smt. Jog Maya executed a will in his favour on 1st July, 1947.

(3.) The proceedings for probate were contested by Devi Charan who denied the execution of the will on the ground that Smt. Jog Maya was not of sound disposing mind when she is said to have executed the will but had been persuaded to do so by undue influence exercised by the appellant in executing the will. It was also alleged by the respondent Devi Charan that the will was subsequently revoked and that is why it was not found in the house despite every possible search.