NATHASINGH RATANSINGH RAGHUVANSHI Vs. JAGANNATHSINGH MAHARAJSINGH RAGHUVANSHI

JUDGEMENT

(1.) THIS common order disposes of two appeals preferred by the propounder of a Will of deceased Maharaj Singh, said to be executed on 19-9-1968. He has preferred two separate appeals (namely, M. A. No. 118 of 1985 and M. A. No. 123 of 1985) because not only his Will was not probated his objection was rejected in regard to the Will dated 5-10-1958 propounded by respondent Jagannath Singh in respect to which the Court below has granted probate, to the said respondent.

(2.) MAHARAJ Singh's date of death is not disputed. What also was not disputed in his objection by the present appellant in the Court below is that respondent Jagannath Singh was son of deceased Maharaj Singh. In his objection filed in Probate Case No. 2 of 1982, registered for probating the Will propounded by respondent Jagannath Singh, the only objection made was that Will dated 5-10-1958, executed by Maharaj Singh was not his last Will and that on 18-11-1956, the deceased had not executed any Will. He also stated that on 19-9-1968, Maharaj Singh had executed a Willin favour of the objectors Natthan Singh and Amar Singh who were cousin brothers of the deceased. By the last Will, earlier Will dated 5-10-1958 was cancelled. Nobody was entitled to obtain any probate on the basis of the Will dated 5-10-1958 and that the objectors Natthan Singh and Amar Singh had filed an application for probate of the Will dated 19-9-1968 which was pending disposal in Probate Case No. 1 of 1969 (re-registered as Probate Case No. 1 of 1982 ). Beyond that, nothing else was stated in the objection.

(3.) RESPONDENT Jagannath Singh contested the execution of Will dated 19-9-1968, propounded by appellant Natthan Singh. He claimed that the Will was forged one. Accordingly, Handwriting Experts gave their opinion and evidence on the issue raised in that connection. For trial, both cases were consolidated and objector Jagannath Singh filed several documents during the course of trial of the cases to support his contention that the Will was forged. True, besides proving as Ex. P/1, the alleged will dated 19-9-1968, some other documents also, applicant Natthan Singh proved in addition to proving Experts' opinion which Shri Banmali Dwivedi gave in support of his case. He gave his evidence as P. W. 5, while the Expert commissioned by objector Jagannath Singh, Jai Prakash Verma deposed as D. W. 3. The Will dated 5-10-1958 which objector Jagannath Singh propounded was a registered Will and that was proved Ex. P/2. That was not disputed, but the only contention pressed in regard to that Will was that Maharaj Singh was not in a good health when he had executed that Will.