BISWANATH PAHADSINGH Vs. PANCHANAN PAHADSINGH

JUDGEMENT

(1.) This is an appeal against the judgment of the Subordinate Judge, Baripada dismissing the suit of the plaintiff for grant of letters of administration under a Will in respect of the assets of one Uchhab Pahadsingh.

(2.) Plaintiff's case is, Uchhab, Binod, Bhagabat and Nalu were four brothers of whom Uchhab had no issue. He adopted the plaintiff whose natural father was Bhagabat. After the death of Nalu in 1950, four branches became separate. Since Uchhab had no issue he adopted the plaintiff in the year 1948 and executed a Will in his favour. Under the said Will he bequeathed his 1/4th share in the properties described in the Schedule 'B' and 'C' of the plaint. Plaintiff possessed those properties. It is further claimed that the Will (Ext. 1/b) was the last Will of Uchhab and Uchhab executed the Will in a healthy state of mind and body.

(3.) Defendants 1, 3 and 4 and 5, 6 and 7 filed separate written statement. They denied any partition in the family. They also challenged as false the adoption of the plaintiff by Uchhab. So far as the Will is concerned, they took the plea that Uchhab was suffering about 4 to 5 months prior to his death and was extremely old and feeble, hard of hearing and of defective eye-sight. Therefore, it was claimed that the Will was the result of fraud and/or undue influence and misappropriation.