GENDLAL MIHILAL SAHU Vs. RATANCHAND JAIN

JUDGEMENT

(1.) THIS is an appeal against the dismissal of an application for probate of a will dated 1 -12 -1953,

(2.) THE following genealogy would show how the testator Mst Jhika was related to the appellantand the legatees : <FRM>JUDGEMENT_138_TLMPH0_1960.htm</FRM>

(3.) RATANCHAND on behalf of the shop Nanhelal Ratanchand and the managers of the temple of Shri Radhakrishnaji entered caveat and denied the will, its execution and valid attestation. The managers further denied that, at the material time, Mst. Jhika was a capable testator or had a disposing mind. While Ratanchand stated that only Rs. 4,800/ - was deposited with him and it was overdrawn by Mst. Jhika, the managers further pleaded inter alia that the gift deed dated 18 -7 -1947 was not, and could not be, revoked.