MALLI BEWA Vs. NATABAR NAIK

JUDGEMENT

(1.) Defendants 1 and 2 have challenged the decision of the learned District Judge of Cuttack granting Letters of Administration with a copy of the Will annexed in favour of the plaintiff. During the pendency of the appeal, defendant No. 1 appellant died and her name has been deleted without any substitution by order No. 14 dated 28-11-1974. The sole plaintiff-respondent having died, his legal representatives have been brought on record as respondents.

(2.) One Panu Khuntia had two sons Damei and Nidhi. Damei's grandson is Madhusudan (defendant No. 2). Nidhi had a daughter Malli (defendant No. 1) and two sons Radhashyam and Balakrishna. Radhashyam's widow Kamala was the testatrix. Balakrishna pre-deceased Radhashyam leaving behind a daughter Shakuntala. Radhashyam died in 1964 while living separate from his brother. Malli had married away. Kamala was in her late thirties when she became a widow. Birakishore (P. W. 1) and Natabar (plaintiff) are first cousins. The testatrix got involved in certain litigations and the two cousins looked after the same. Natabar became a God-brother of Kamala and started looking after the properties of Kamala. Natabar applied for Letters of Administration claiming that Kamala had left behind an unregistered Will dated 9-8-1966 in his favour in respect of her entire properties to the exclusion of her husband's sister Malli and Madhusudan.

(3.) In the application for grant of Letters of Administration, defendants 1 and 2 were shown as distant relations of the testatrix. They appeared and entered caveat contending that the Will had not been duly executed nor was genuine. On a blank paper with the left-hand thumb impressions and signatures of Kamala, the Will had been subsequently written out. Kamala is alleged to have died an unnatural death on 26-8-1967. Though she lived for more than a year from the time of alleged execution, steps were not taken to register the document.