PUNA BEWA Vs. BABAN SAHU AND ORS.

JUDGEMENT

(1.) DEFENDANT No. 1 in a suit for grant of letters of administration in favour of Respondent Nos. 1 and 2 is the Appellant.

(2.) PLAINTIFF Nos. 1 and 2 are the Bons, Defendant Nos. 3 to 5 are daughters and Defendant No. 1 is the widow of Narasingh, the predeceased son of one. Hari Sahu. Defendant. No. 2 is the widow of Hari. Hari along with his sons constituted a joint family. He executed and registered a will on 6 -10 -1963 devising his interest in the joint family property in favour of his two surviving sons (Plaintiffs). On these allegations, the Plaintiffs prayed for grant of letters of administration in their favour.

(3.) THE trial Court decreed the Plaintiffs ' suit on the following findings: (1) Hari executed and registered the Will (Ext. 1) in a sound disposing state of body and mind out of his free will; (2) Ex. 1 was duly executed and attested and (3) Hari had the right to dispose of his interest in the joint family properties.