SATISH SINGH THAKUR Vs. PHOOL SINGH

JUDGEMENT

(1.) By this appeal under section 299 of Indian Succession Act, 1925 (hereinafter, referred to as '1925 Act' for short), the appellant seeks to challenge the correctness, validity, legality and propriety of the order dated 17-4-1998 passed by VIIIth Additional District Judge, Jabalpur, in Probate Case No. 8/93 on the application field by Phool Singh, the respondent herein, inter alia, submitting that the order of the Trial Court is incorrect and misleading.

(2.) The facts in nutshell are that the present respondent, the propounder of the will Phool Singh presented an application for grant of probate on a will dated 12-4-1959 executed by Smt. Rambai wife of Koha Singh alleging that the property which is the subject-matter of will, originally belonged to Laxman Singh. Laxman Singh had five sons, namely, Hiralal, Tilak Singh, Raghunandan Lai, Chandan Singh and Ganpat Singh. The property of Laxman Singh was divided by meets and bounds amongst his sons as per registered partition deed dated 25-4-1942. The property received by Hiralal in partition was sold by hirn to Municipal Corporation, Jabalpur. Tilak Singh who was bachelor sold the property which fell in his share, to Munshi Raghunandan Lai vide sale deed dated 4-2-1943. Purchaser Raghunandan Lai sold the same property to Lai Kunwar Bai who, as per Will dated 5-12-1972, bequeathed it to the respondent herein. Ganpat Singh bequeathed the property which came to his share to Rambai as per Will dated 27-5-1956. After the death of Ganpat Singh, Rambai became the owner of the property of Ganpat Singh. Chandrabhan Singh tried to capture the property of Rambai, but he did not succeed. Chandan Singh dragged Rambai in the litigation. Chandan Singh also tried to submit a fake document of compromise by using his wife Nirmala as an imposter for Rambai.

(3.) Rambai lived with her husband till his death. Thereafter, she started living with the applicant, who is her brother. Applicant was in Government service. Rambai lived with him at all the place where he was transferred from time to time. The applicant retired from service as Commandant, Home Guards. After his retirement, Rambai lived with him at H. No. 270, West Ghamapur, Jabalpur.