VIJAY KUMAR TIWARI Vs. STATE

JUDGEMENT

(1.) CHALLENGE is to the order dated 15. 09. 2007 passed by the Court of additional District Judge, where the appellant remained unsuccessful in convincing the Learned. Judge about the genuineness of a Will, marked "x" dated 01. 02. 1991.

(2.) LATE Smt. Jitni Devi (hereinafter to be referred as testatrix) is said to have executed a will on 1st February 1991 under which she purportedly left her entire property in favour of the appellant. The will completely excludes the only natural-born child of the testatrix i. e. a daughter named smt. Subhadra Kumari. She is the objector to the will in question for which probate has been sought.

(3.) FACTS of the instant case reveal and neither side is at dispute over the point that testatrix was suffering from a lung disease and was admitted in the hospital at Ballia, Uttar Pradesh on 26th January, 1991 i. e. 4-5 days before she is said to have executed the will, and that she died on 4. 2. 1991 i. e. 3 days after execution of the will.