JITENDRA NATH GUPTA Vs. RAM NARAIN GUPTA

JUDGEMENT

(1.) DILIP Gupta, J. A Will is one of the most solemn documents known to law. By it a dead man entrusts to the living, the carrying out of his wishes after his death and it is impossible that he can be called either to deny his signatures or to explain the circumstances in which it was executed. The present, however, is a case where during his lifetime, the testator not only made specific assertions about the execution of the Will, but also explained the circumstances which led to its execution. This was done in the original suit that had been instituted by the testator against that son and his family who had been excluded from the bequest. Though the testator died during the pendency of the suit, but the son in whose favour the bequest was made was substituted as the plaintiff and the suit was ultimately decreed by the Trial Court and the said decree was confirmed in the First Appeal. Of course, the institution of the suit by the testator of the Will is denied by the defendants, but both the Courts below have found, as a fact, that the suit had been instituted by the testator having a sound disposition of mind at the material time.

(2.) THE dispute is about House No. 31, Lowther Road, Allahabad. late Ram Narain Gupta who had retired in the year 1957 as Deputy Director of Education, Allahabad had purchased the said house by a registered sale-deed dated 28th July, 1960. Jitendra Nath Gupta and Rajendra Gupta are the two sons of Ram Narain Gupta. THE elder son Jitendra Nath Gupta was employed in Central Roadways Workshop, Kanpur and U. P. State Road Transport Corporation, Kanpur and resided in Kanpur with his family consisting of his wife Uma Gupta, his son Somendra Gupta and his daughter-in-law Kiran Gupta. It is said that from December, 1992 Jitendra Nath Gupta with his family started residing in his father's house at Lowther Road, Allahabad. THE younger son Rajendra Gupta retired as a teacher in the Mathematics Department of the Allahabad University and has been residing on the first floor of the aforesaid house of Ram Narain Gupta at Lowther Road alongwith his family consisting of his wife Manju Gupta and his two sons Pankaj Gupta and Mohit Gupta.

(3.) THE relevant portion of the registered Will executed by Ram Narain Gupta on 1st July, 1983 is as follows: "i had planned to divide my aforesaid house in two parts and to absolutely bequeath one of the two parts as prescribed hereinafter to my son Dr. Rajendra Gupta. I had indicated my plan to him on his return from abroad in August, 1981. Dr. Rajendra Gupta, in view of my will and desire and with my consent, added new constructions to the house from his own money. . . . . . . . . . . . . . . THEse new constructions, alterations and modifications are included in that portion of the house which I have shown as part in the schedule of the document. . . . . . . . . . . . . I have got two sons. THE elder son is Sri Jitendra Nath Gupta and the younger son is Dr. Rajendra Gupta. . . . . . . . . . . . . . . . . I bequeath part I of my aforesaid house, as described in the schedule below, as shown by red colour in the attached map, absolutely to my son Dr. Rajendra Gupta after my death. . . . . . . . . . . . . . . . . . . . I bequeath part II of my house as described in the schedule, and as shown without any colour in the attached map, to my wife Smt. Rani Devi Gupta for her life. She shall not have any right to transfer or alienate, either by sale or by gift or by mortgage or by lease or in any other manner, this part during her life. . . . . . . . . . . . . . . On death of my wife Smt. Rani Devi Gupta this part shall absolutely devolve on my son Sri Jitendra Nath Gupta and my grand son Sri Somendra Gupta jointly in equal shares. . . . . . "