SULKA DEVI Vs. HRIDAY NARAYAN SINGH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 14th August, 1985 granting probate of a testamentary instrument of one lady called Sirtarjee Thakurani, which is described to be the last will and testament.

(2.) The application for grant of probate was originally contested. By this instrument the lady has appointed the propounder as the sole executor as well as the sole beneficiary. This application was contested originally by the predecessor-in-interest and husband of Sulka Devi and minor daughter Kumari Parbati Devi of Late Shyam Narayan Singh. Hriday Narayan Singh and Shyam Narayan Singh both were brothers. On the death of said Shyam Narayan Singh, the appellants were substituted and they continued with the contest.

(3.) The learned Trial Judge on reading and analysis of the evidence came to the conclusion that the will was duly executed and attested and the same has been proved by the two witnesses, namely, P.W. 1 and 2. THE learned Trial Judge found that the lady had testamentary capacity and she was having sound health and this fact has been testified by P.W. 1,2 and also P.W.3. THE contradiction, as pointed put by the defendant at the time of the trial, was not accepted by the learned Trial Judge, nor did he find any suspicious circumstance surrounding execution, attestation of the will. THErefore, caveat was discharged, consequently probate was granted.