RAJKISHORE PANDA Vs. B M E BIDYAPITHA

JUDGEMENT

(1.) Thc contesting defendants in a suit instituted by the respondents Nos. 1 and 2 as the plaintiffs for grant of Letters of Administration under S.276 of the Indian Succession Act are in appeal against the decree passed by the learned District Judge, Balasore.

(2.) Briefly stated, the case of the respondent Nos. 1 and 2 was that the late Jujesti Panda, who died on June 11, 1967 leaving no heirs or issues, being a religious-minded person, wanted to bequeath all his properties for good and religious purposes and accordingly on Mar. 17, 1967, he executed an unregistered Will (Ex. 1) scribed by Ramakrushna Mohanty (P.W. 1) and attested by Krushna Mahala (P.W. 2) and Bhairab Charan Pati (P.W. 3) at Bhadrak, could not get it registered as it was already late in the day, returned home and having fallen ill and having learnt that registration of such document was not necessary. made over the same to the legatees providing for bequeathing of properties in favour of the Banitia Middle English School represented by the then Secretary and Shri Jateswar Mahadeb through Sebayat Marfatdar. The third legatee Shri Ganesh Jew Thakur had been represented through the Sebayat Marfatdars (defendant Nos. 1 and 2). This suit had been contested by the appellants. They had claimed that they belonged to the same family as that of the testator and were entitled to succeed to his properties in the absence of other heirs. According to them, the Will was a forged document manufactured by the scribe and the attesting witnesses with the help of some villagers and Jujesthi, suffering as he was from dropsy for about four months prior to his death, was not in proper health and fit state of mind to execute any Will.

(3.) On these pleadings, issues were framed and the parties went to trial. Reliance was placed by both the sides on oral and documentary evidence. On a consideration thereof, the learned District Judge decreed the suit.