DILLON SINGH Vs. AMRUTA BAI

JUDGEMENT

(1.) HEARD on admission.

(2.) THIS second appeal at the instance of defendants is directed against the judgment and decree dated 7.9.2007 by District Judge, Balaghat in Civil Appeal No.3 -A/2006 affirming the judgment and decree dated 24.12.2005 by Third Civil Judge, Class -II Balaghat in Civil Suit No.86 -A/2004.

(3.) DETAILED analysis of the manner in which the stamp paper were obtained and thumb impression were obtained three -four days prior to death of Devkibai overwriting in the testament and the evidence by the attesting witnesses led the trial Court conclude in paragraphs 13, 14, 15 and 16 of the judgment that the Will Ex.D/1 was not free from doubt that the same was executed out of free Will and without duress and coercion.