RAGHUNATH Vs. STATE

JUDGEMENT

(1.) Present appeal has been preferred by Raghunath (hereinafter 'the appellant') under Section 299 of the Indian Succession Act, 1925 (hereinafter 'the Act') to challenge the legality and correctness of a judgment dated 19.05.2008 of learned Addl. District Judge in Probate Case No.95/06/99 whereby the respondent No.2 Bharat Bhushan was granted Letters of Administration regarding the property bearing No.B-107, Subhadra Colony, Delhi, bequeathed to him by his late father Roshan Lal by a Will dated 03.03.1997 (Ex.PW-1/1). The appeal is contested by respondent No.2.

(2.) I have heard the learned counsel for the parties and have examined the file. Respondent No.2 had filed a petition under Section 276 of the Act on 12.04.1999 for grant of Letters of Administration in respect of the estate of his father Roshan Lal on the basis of Will dated 03.03.1997. The said petition was contested by the present appellant, his brother and Satyawati - his mother; joint objections were filed by both of them. It was claimed that Roshan Lal had executed his last and final Will on 10.11.1997. Will dated 03.03.1997 was not the deceased's last and final Will.

(3.) To prove their respective case, the respondent No.2 examined PW-1 (Harpal Singh) - attesting witness of the Will dated 03.03.1997 besides examining himself as PW-2. He also examined A.Rehman, UDC from the office of Sub-Registrar, Kashmere Gate, who proved the registration of the Will. Ramesh Chand, Record Clerk proved the registration of the earlier Will dated 23.11.1994. The appellant examined RW-1 (P.D.Gupta), attesting witness of the Will dated 10.11.1997 besides examining himself as RW-2 and producing his mother Satyawati as RW-3.