RAJINDER KUMAR GUPTA Vs. STATE

JUDGEMENT

(1.) THE short point involved in this matter is as to whether the Trial Court was right in having decided issue No.2 against the appellant by holding that the Will dated 18.08.1984 was not validly executed in a case where the respondents have filed a petition under Section 276 of the Indian Succession Act seeking letters of administration on the allegation that late Smt. Janki Devi their mother died intestate. As an objection to the aforesaid petition the appellant set up the Will dated 18.08.1984 alleged to have been executed by late Smt. Janki Devi.

(2.) THE Trial Court framed the following issues:

(3.) THE Ld. Addl. District Judge taking note of the aforesaid statement made by the attesting witness came to the finding that the Will in question has not been proved in accordance with law. THE relevant observation made by the Addl. District Judge are as under: