GAJANAN CHANDRARAO SAWANT Vs. CHANDRABHAGA CHANDRARAO SAWANT

JUDGEMENT

(1.) THESE two appeals arise out of the judgment and order of the learned Single Judge dated March 1/2, 1996 made commonly in the two suits i. e. Testamentary Suit No. 36/1984 and Testamentary Suit No. 21/1992.

(2.) AFTER having heard the Counsel appearing on both sides quite extensively, we are satisfied that the judgment and order of the learned Single Judge appealed against would have to be set aside and the two suits sent back and the parties be given opportunity of leading further evidence for the reasons which we shall indicate hereinafter. acts:

(3.) MRS. Chandrabhaga Chandrarao Sawant filed Testamentary Petition No. 449 of 1984 seeking letters of administration in respect of the Will of deceased Chandrarao Suryaji Sawant dated 11th February, 1966. Upon the Caveators objecting to it, this Testamentary Petition No. 449/1984 was converted into Testamentary Suit No. 36/1984. Simultaneously, Gajanan Chandrarao Sawant filed a Testamentary petition Propounding the Will of the deceased Chandrarao Suryaji Sawant. Upon this Testamentary petition being objected to, it was converted into the Testamentary Suit No. 21/1992. As both these suits raised common issues, the learned Single Judge framed the following issues which would determine both the suits. The commonly framed issues are as follows :-- -. Whether the writing dated 5-8-1974 is genuine and duly executed last Will and Testament of the deceased ? b. Whether the deceased was of sound condition of mind at the time of execution of the said writing dated 5-8-1974? c. Whether the writing dated 5-8-1974 is natural Will? d. What is the effect of the Will of late Chandrarao Suryaji Sawant dated 11-2-1966 as mentioned in para 4 of the affidavit of Gajanan Chandrarao Sawant caveator dated 19-11-1984? e. What order?