IN RE: LATE CHUNNI LAL CHAURASIA MUNNI LAL CHAURASIA SON OF LATE PANCHAM LAL CHAURASIA; IN RE: CHUNNI LAL CHAURASIA Vs. STATE

JUDGEMENT

(1.) The Testamentary Case No. 14 of 2005 was converted into Testamentary Suit No. 12 of 2006. It was decided ex-parte on 14.11.2005 granting 'Letters of Administration' to the plaintiff-Munni Lal Chaurasia of the estate of his brother late Chunni Lal Chaurasia with the will dated 21.12.2004 attached. The order was recalled on 27.4.2006 on the application of defendants.

(2.) Late Chunni Lal Chaurasia, son of late Shri Pancham Lal Chaurasia, R/o House No. 163/328 Mohalla Malakpura District Mahoba, died an unnatural death. He was a victim of crime and was murdered in his house at Mahoba on 15.1.2005. Shri Munni Lal Chaurasia his real younger brother, resident of 332 Nai Basti Kydganj, Post Office Sadar, District Allahabad, filed this testamentary suit alleging that his deceased brother had executed a notarial will dated 21.12.2004 in his favour. The wife of the deceased had predeceased him on 6.9.2004. They had no issue. The deceased was the eldest amongst the four brothers. He loved and showered affection on the applicant as his son. Since the very beginning when their father died, the deceased took care of the plaintiff and got him married. The plaintiff was studied at Allahabad and served as a lecturer in Girls High School & College, Allahabad and was living at Allahabad. The deceased visited plaintiff very frequently. The plaintiff also visited Mahoba where the deceased was living, very often, and used to look after his brother; bhabhi and their properties.

(3.) The plaintiff alleged that he took care of the deceased, whenever he fell ill and was regularly checked up by the doctors at Allahabad. The deceased was very pleased with the plaintiff. The will was witnessed by Shri Vinay Kumar Verma and Ghanshyam Ji, who have filed their affidavits and have thereafter appeared as witnesses to prove the will, which was the last will of the deceased.