YUVRANI TANK RAJESHWARI DEVI Vs. HARILAL

JUDGEMENT

(1.) THIS is an appeal by Smt. Yuvrani Tank Rajeshwari Devi, the petitioner against the decision of the District Judge, Bilaspur, in Misc. Judicial Case No. 2 of 1970 decided on 24th Dec. 1971 whereby her petition under Section 263 of the Indian Succession Act was dismissed.

(2.) LATE Raja Bahadur Leeladhar Singh was the ex-ruler of Sakti and left behind him his widow Smt. Indumati Devi respondent No. 2, Smt. Rajkumari Gyanda devi respondent No. 5 is the daughter of late Raja Bahadur Leeladhar Singh. Yuraj Jivendranath Bahadur Singh was the pre-deceased son of late Raja bahadur Leeladhar Singh. He left behind him his two sons. Surendra Nath bahadur Singh and Pushpendra Nath Bahadur Singh, respondents 3 and 4 respectively and the petitioner his widow.

(3.) RESPONDENT No. 1 had filed a petition in the Court of District Judge, Bilaspur for obtaining a probate in respect of a will executed by late Raja Bahadur leeladhar Singh. This was registered as Civil Suit No. 3-A of 1965. The grant of probate of the will was opposed by the petitioner and respondents 3 and 4. Respondent No. 3 Surendra Nath Bahadur Singh put in appearance through Shri godbole, Advocate of Bilaspur and withdrew from the contest. On this, the probate of the will of late Raja Bahadur Leeladhar Singh was granted in favour of respondent No. 1 Harilal.