CAPTAIN JAGDISH CHANDRA VARSHNEY Vs. MUNI VARSHNEY

JUDGEMENT

(1.) With consent of parties, the following issues were framed as preliminary issue to be decided before framing further issues;

(2.) Heard Shri Virendra Pal Varshney, learned counsel for the plaintiff and Shri Navin Sinha, Senior Advocate for Archana Varshney, heir and legal representative of Smt. Muni Varshney- caveator and the widow of Cap. Jagdish Chandra Varshney, the deceased-testator, whose will dated 26.9.1999 is sought to be administered by the plaintiff.

(3.) Brief facts giving rise to the Suit as stated in pleadings are that Captain Jagdish Chandra Varshney (the deceased), son of late Shri Tej Pal Varshney, resident of 44/41 Dilkusha Naya Katra, Lajpatra Rai Marg. Allahabad died on 21-12-1998 leaving behind his widow Smt. Munni Varshney and caveator Sri Gyanendra Kumar. The deceased did not leave behind him any children. Shri Varshney Sabha Prayag, registration No. 1025/1990 through its Secretary Krishna Murari Lal Gupta, son of late Madan Mohan Lal Gupta, R/o 1/10. B.K. Banerjee Marg, Naya Katra. Allahabad filed the Testamentary Case No. 17 of 1998, which has been converted into Testamentary Suit No. 2 of 2003 for grant of probate of the will dated 11/10/1998 executed by the deceased by which he has bequeathed his self acquired house No. 44 Dilkusha Naya Katra, Allahabad, for the office and dharmshala of Varshney Sabha, Prayag. The will states that deceased retired as Deputy Labour Commissioner in 1987. He has given half of his service dues to his wife to Smt. Munni and the remaining to his nephew Gyanendra Kumar. He had married Smt. Shanti Devi. He did not have any issue from her and divorced her. He entered into second marriage with Smt. Munni but he did not have any children from her, as well. The will states that Smt. Munni did not treat him well and that he was suffering from several deceases. She had kept her sister's granddaughter Archana with her without executing the adoption deed or any document. Archana also was not treating him well and had married a boy againt his wishes causing loss to his reputation. The deceased has in the will allowed Smt. Munni, who retired from Education Department the use of all his movable and immovable properties including cash: jewellery; Maruti car: Priya Scooter and households articles detailed in the will. The deceased expressed his happiness over the attitude of his nephew Gyanendra Kumar and his wife Smit Shashi Bala and allowed him to be onwer of the investments made by the deceased jointly with him. It is further stated in the will that the deceased was Zonal President of Vishwa Hindu Parishad and thereafter Vice President of Bhartiya Janata Party. He was elected as President of Varshney Sabha Prayag continuously for four years and was actively engaged in the activities of Varshney Sabha which has no office or building of its own and thus he desires to bequeath all his properties except those which he had given to Smt. Munni to Varshney Sabha Prayag. The will was witnessed by Shri Jagdish Chandra Dixit and Shri Aditya Narayan Singh.