GOODS OF LATE Vs. KISUN LAL

JUDGEMENT

(1.) SUNIL Ambwani, J. The applica tion registered as Testamentary Case No. 12 of 2000 was contested by the widow and her two daughters and was thus converted and registered as suit.

(2.) THE plaintiff Raja Ram son of Sukh Lal, is the son of the daughter of elder brother of the deceased Shri Kisun Lal, who died at village Dhanuha, Post Rampur, District Jaunpur on 17-1-1994. THE plaintiff has prayed for grant of probate of the will dated 9-1 -1994 ex ecuted by the deceased. THE un registered will is witnessed by Shri Radhey Shyam Dubey son of Sri Sobh Nath Dubey and Shri Sallah alias Sah Mohammad. It is alleged that by this will dated 9-1 -1994 the deceased canceled his earlier registered will dated 9-2-1993 in favour of his second wife Smt. Phool Kumari and their daughters. THE recitals in the Will state that the deceased had entered into second marriage after his first wife died. He had a daughter from first wife and two daughters from second wife. He had no son and was living with Sukh Lal, son of his real brother at Mauja Dhanuha. His brother's family had looked after him, his farms and his treatment and that he is nappy with them. He further states in the alleged will that he is not well and it is not possible for him to reach upto the Registrar's office and thus he has called the scribe at his residence and has ex ecuted the will in favour of Raja Ram @ Guddu son of Sukh Lalresident of Dhanuha, who shall be owner and en titled to possess and to get his name mutated over all his properties.

(3.) THE Will dated 9-2-1993 ex ecuted by the deceased in favour of the objector, Smt. Phool Kumari was registered on 10-3-1993. THE Will dated 9-2-1993 and a copy of plaint in O. S. No. 542 of 1994 is annexed to the objections.