RAM CHANDRA UPASNI Vs. BHOLANATH AND OTHERS

JUDGEMENT

(1.) This is a Special Appeal against the decision of a learned single Judge of this Court given while exercising original testamentary jurisdiction.

(2.) On the 28th of Feb., 1949 one Mahant Parmarth Giri made a Will whereby he purported, among others, to do two things: (1) appoint a successor - a chela of his and (2) make a settlement of the properties attached to the Math of which Parmarth Giri was admittedly a Mahant. By the aforesaid Will Mahant Parmarth Giri also appointed the appellant an executor.

(3.) On the 13th April, 1949, Ram Chandra Upasani made an application for the grant of a Probate to the Will of Mahant Parmarth Giri, dated the 28th Feb. 1951. Certain objections were raised to the grant by the respondents. There were four objectors to begin with but ultimately only three kept on the scene till the end. Evidence was led on behalf of the petitioner as also on behalf of objectors 3 and 4. This evidence related to the question, as to whether or not Mahant Parmarth Giri had executed the alleged document on the 28th Feb., 1949, and further, whether Parmarth Giri was of sound disposing mind at the time when he executed the document. No controversy appears to have been raised in regard to Mahant Parmarth Giri possessing the power to nominate his successor and as such to vest in him, in a sense, the properties appertaining to the Math.