KRUSHNA ALIAS KRUSHNA CHANDRA SAHOO Vs. BHAGABAN SAHOO

JUDGEMENT

(1.) -These two appeals are directed against the same judgment having been filed by defendants 6 and 2 respectively in a probate proceeding against the decision of the Trial Court granting probate.

(2.) It is not necessary to extract the entire genealogy. Bhagaban Sahoo, the legatee, is the natural brother of Harekrushna, the testator, but he has been adopted by Jayakrushna, the first cousin of his natural father Balakrushna. Similarly, Indrarnani, the natural brother of deceased Harekrushna has been adopted by Banchhanidhi, another first cousin of Balakrushna: Defendant No.1 is the son, defendants 3 and 4 are the daughters and defendant No. 5 is the widow of late Indrarnani. Defendant No.1 having expired during pendency of the proceeding, his legal representatives were impleaded as defendants I/a to 1/d. Defendant No.2 was the natural born son of Indrarnani, but he has been adopted to another branch. Defendant No. 6, Krushna (the appellant in F.A. No. 64/96) being the grand son of Lokanath represents another branch. Golapi and Haramani (defendants 7 and 8 respectively) are the two daughters of Balakrushna.

(3.) Probate was sought for in respect of the one-fourth interest of Harekrushna in Schedule-B property. It is alleged in the application that deceased Harekrushna was suffering from leprosy and Bhagaban was looking after him. Subsequently, Harekrushna was kept in Leprosy Ashram and he died there as a bachelor on 6.3.1962. It is further claimed that the deceased had executed an unregistered Will in favour of Bhagaban on 10-4-1960. It is claimed that in the year 1966 a panel of Arbitrator had been appointed to partition the property of all the co-sharers, but the matter could not be finalised and ultimately Bhagaban was forced to file T.S. No. 148 of 1982 claiming partition.Since the Will had not been probated, Bhagaban had to file the present probate proceeding which has been numbered as O.S. No. 40/87 in the Court of the Subordinate Judge, First Court, Cuttack.