JANGI SINGH Vs. RAGHUBIR SINGH CHAUHAN

JUDGEMENT

(1.) This is defendants appeal. Having lost from both the Courts below the present appeal has been preferred at the instance defendant of original suit No. 69 of 1972 filed for cancellation of a Will dated 9th June, 1970 executed by Shri Thakur Singh son of Beni Singh. To appreciate the facts of the case it is necessary to give a small pedigree as follows: @@@ Beni Singh / Thakur Singh ___________/ / Rajni (wife) Chandrawati (wife) / (Def. 2-Appellant) / / / Jangi Singh (Def. 1-Appellant) Lal Singh (deceased) / = Tikam Kaur (P. 2) Raghuveer Singh /_________________(P. 1)_______ / / Kanchan Singh Ratan Singh (P.3) @@@ (P. 4)

(2.) From the above pedigree it is clear that Thakur Singh the father of the present appellant No. 1 had two wives one Smt. Rajni and second Smt. Chandrawati. Two sons Lal Singh and Raghubeer Singh were born from the wedlock of Thakur Singh with Rajni. Lal Singh predeceased son of Thakur Singh had left his widow Tikam Kaur and two sons Kanchan Singh and Ratan Singh. The sons and grandsons from the first wife of Thakur Singh are the plaintiffs and they filed suit for cancellation of Will dated 9-6-1917 executed by Thakur Singh. The said suit is against the stepbrother Jangi Singh and stepmother Smt. Chandrawati. The Will in question is a registered document and suit was filed for its cancellation on the grounds mentioned in para 12 of the plaint. Briefly stating the ground for cancellation of the Will are that Shri Thakur Singh was aged about 85 years at the time of the execution of the Will and was residing with the defendants. Thakur Singh was lying ill for the last two years and he was not in a fit mental condition to understand the things properly at the time of the execution of the Will. The plaintiff No. 1 was residing at Etah and the defendant No. 1 was in a position to dominate Shri Thakur Singh. By the said Will certain properties which did not belong to Thakur Singh were also bequeathed this shows that Will was not an intelligent act of Thakur Singh. The suit was filed for its 169 cellation.

(3.) The defendants contested the suit on the allegation that Thakur Singh was hale and hearty and was capable to understand things, at the time of execution of the Will he was aged about 80 years and executed it after full understanding the implications of the Will. It was further pleaded that the house in village Abhaypura which was given to the plaintiff Nos. 3 and 4 through the disputed Will was constructed by Thakur Singh and the plaintiff No. 1 had gone in adoption to Gajadhar Singh.