RAM NIWAS RANA Vs. ANIL KUMAR

JUDGEMENT

(1.) This is an appeal under Section 299 of The Indian Succession Act, 1925 (hereinafter referred to as 'the Act') against impugned judgment dated 18.04.2011 passed by the court of learned Addl. District Judge (Central) Delhi wherein the petition filed by the respondent No. 1 seeking probate of Will Ex.PW1/1 has been allowed.

(2.) The facts relevant for the disposal of the present appeal are as under:-

(3.) The objections were filed by the appellants i.e. respondents nos. 4 to 6 before the learned Additional District Judge contending therein that the Will in question was false and fabricated one. The testatrix was neither mentally nor physically fit. She was not in a position to execute any Will on the day when the same is alleged to have been executed. They had also taken a stand that the suit for partition bearing No. 415/2003 is pending between the parties before Additional District Judge, Delhi, wherein the respondent no. 1 had relied upon two Wills, one executed by Jeet Ram i.e. his grandfather and the other executed by Smt. Manno Devi i.e. Will in question. It is alleged that in the said case the respondent no. 1/petitioner has failed to prove the Will of Sh. Jeet Ram. It is alleged that both the Wills are alleged to have been executed on the same date and witness by same witnesses. It is submitted that as the petitioner has failed to prove the Will of Jeet Ram as such it can't be said that Will in question stands proved. The respondents no. 2 and 3 before the learned Addl. District Judge i.e. respondents no. 2 and 3 herein also raised the similar objections. However, they have not challenged the impugned judgment.