RAJ RANI Vs. RAJARAM

JUDGEMENT

(1.) This is the plaintiff's appeal against the appellate decree of Mr. Akbar Husain, District Judge, Lucknow, dated 27th November 1946.

(2.) The plaintiff, Mst. Raj Rani applied on 22nd August 1946, before the District Judge, Luck now, for the grant of letters of administration on the basis of a will dated 7th March 1945, executed by Jamna Prasad deceased. She alleged that the will had been executed on 7th March 1945, that the testator, Jamna Prasad died the same day, that she was the sole legatee under the will and that the deceased testator had a fixed abode at Sarojni Devi Lane Katra, Maqboolganj in the city of Lucknow. The proceedings were transferred to the Court of Civil Judge, Lucknow, for disposal, on 25th August 1945. On notices being issued, the present defendant respondent objected to the grant of the letters of administration and claimed that there was no will, that in any case the will was not duly executed as the testator was not of sound disposing mind and that he himself was the sole heir of the deceased being his daughter's son. The following issues were accordingly framed:

(3.) Before the trial Court the original, will Ex. 2 was produced and the scribe of the will Kunwar Bahadur and the attesting witnesses, Ram Gopal and Mata Din were examined. On the aide of the defendant evidence was led to prove that the defendant was the daughter's son of the deceased Jamna prasad and also that on 7th March 1945, when the will is alleged to have been executed, the testator was actually unconscious and therefore incapable of making the will. A medical practitioner was also examined who stated that a person lying ill for over one year and dying within 5 hours of making the will would not be having sound mind if at the time of the execution of the will 5 hours before his death, the pupils of his eyes were contracted. The same witness also stated: