SUSHILA DEVI Vs. OM PRAKASH

JUDGEMENT

(1.) This is a first appeal from the order dt. 3-5-1976 of the learned District Judge, Dehradun which he passed on the petition that was moved by Smt. Sushila Devi one of the daughters of the deceased Smt. Jivini Devi for grant of letters of administration for the estate of the aforesaid deceased.

(2.) In the said petition, the applicant contended that the testator, namely, Smt. Jiwani Devi executed a Will dt. 12-1-1965 in favour of her and her two more sisters, namely, Smt. Viddyawati and Smt. Bala Sundri. One Sri Ved Prakash who is the son of Smt. Viddyawati, filed a written statement stating that the Will dt. 12-1-1965.was not a genuine document and that was obtained by the beneficiaries under coercion, undue influence and misrepresentation. He contended that the testator executed a will dt. 17-2-1965 in his favour and that alone is the enforceable and operative document.

(3.) The learned District Judge framed the necessary issues and came to the conclusion that both the Wills dt. 12-1-1965 and 17-2-1965 had been duly executed and, therefore, the second Will dt. 17-2-1965 had superseded the first Will. It is for this reason, the petition for grant of letters of administration for the estate of the deceased Smt. Jiwani Devi on the basis of the Will dt. 12-1-1965 made by the applicant Smt. Sushila Devi, was dismissed.