CHHOTE LAL MEWATI Vs. DR. HARISINGH GAUR VISHWAVIDYALAYA

JUDGEMENT

(1.) This appeal under Sec. 299 of the Indian Succession Act (henceforth, the Act for short), is directed against the order dated 22.2.1966, passed by 1st Addl. Judge to the Court of District Judge, Sagar in Misc. Civil Case No. 25/95.

(2.) The appellant-Chhotelal Mewati filed an application for grant of probate in respect of a Will purported to be executed by Dr. William Dixon West, a well-known authority in the field of Geology. He was a Professor of Geology of Dr. Harisingh Gaur Vishwa-vidyalaya, Sagar. After retirement, he was appointed as Emeritus Professor. He died on 23.7.1994. The appellant stated in his application ynder Sec. 276 of the Act for grant o#^pf6bate that he was one of the beneficiaries as well as the executor of the Will, dated 2.5.1990, executed by Dr. William Dixon West. The application for probate was not signed and verified by the appellant-Chhotelal Mewati. The application was presented by Dr. S.N. Pandey, who signed and verified the application for grant of probate stating that Chhotelal Mewati had given him special power of attorney to sign and verify as he was ill.

(3.) The respondent-Dr. Harisingh Gaur Vishwavidyalaya was the objector to the grant of probate to appellant.