NARMADA PRASAD Vs. MURARILAL

JUDGEMENT

(1.) Heard.

(2.) Admitted facts in this case are that Rajrani Bai had five sons namely Goverdhan, Rameshwar, Sunderlal, Kishorilal and Murarilal. Present appellant Narmada Prasad is son of Sunderlal @ Annu i.e. the grand son of testator Raj Rani Bai. The particulars are shown hereunder.

(3.) Rajrani Bai deceased had land bearing khasra No.65/1A, 65/2 and 345/3 admeasuring 4.60 acres at village Tendumudi Patwari Circle No.-8. An application for succession under section 276 of the Indian Succession Act, 1925 on the basis of the WILL was filed by Murarilal one of the son of Raj Rani Bai. It was pleaded by Murarilal that Smt. Rajrani Bai had bequeathed her entire property in favour of Murarilal. It was further stated that a civil suit was filed by Murarilal before Civil Judge, Class-II Sakti which was bearing Civil Suit No.131-A/1992. In that civil suit during trial different WILL were produced by the litigating parties, therefore, in order to adjudicate the devolution of property on the basis of the WILL orders were passed to obtain the letter of probate from the competent court. Consequently, proceeding was instituted under section 276 of the Succession Act by one son Murarilal for grant of probate of a WILL dated 15.04.1991, whereby the property alleged to have been bequeathed solely in his favour. Kishorilal one of the brother was initially arrayed as respondent No.1, Narmada Prasad the present appellant in the appeal was arrayed as respondent No.2, Rameshwar Prasad another brother was arrayed as respondent No.3 and son of Murarilal namely Deepak was arrayed as respondent No.5. Goverdhan Prasad one other brother was not made a party as he was not alive on the date of application. During the course of proceeding under section 276 Kishorilal also died and his legal heir namely two daughters namely Prabha Bajpai and Sandhya Chaturvedi were arrayed as respondent No.1A and 1B. During the course of trial Prabha Bajpai also died as such her name was deleted.