MST. SULOCHANA BHUMIZ AND ORS. Vs. BHAT KURMI

JUDGEMENT

(1.) THIS appeal relates to an application for grant of Probate or letter of Administration with a copy of the Will annexed alleged to have been executed by Ram Singh Manki of Sonari in Mauza Abhypur. It is dated 6th Chaitra 1357 B.S. corresponding to 20 -3 -1951. Ram Singh Manki admittedly died on 29 -5 -51, leaving about 36 bighas of lands, a house and some other properties. He also left behind Musst. Durgamani Manki, a sister, and Mst. Sulochana Bhumiz, a kept or wife, who are the caveators to the application. The propounder of the document is Bhat kurmi, son of Bahadur Kurmi, of Sonari, who claims as a legatee under the document.

(2.) THE grant of probate is opposed by the caveators and they challenge the will as fraudulent. They allege that Ram Singh Manki who died in Jeth, had been suffering from illness since one year before his death, and he lost his senses about 8 or 10 days earlier before dying; Bahadur Kurmi the father of the propounder, taking advantage of his unconsciousness, took his thumb -Impression on some stamp paper purchased by him and fabricated the document. This he did according to the caveators, by misrepresenting that the step was necessary to protect Ram Singh's properties though the actual facts came to be known later. They, therefore, contend that the will is not a genuine will and the application for Probate should be refused.

(3.) AT the trial, the plaintiff examined the writer of the Will Pulin Behari Bhattacharjee (P.W. 1) and two attesting witnesses, Sambhu Kurmi (P.W. 2) and Sadhu Charan Bhumiz (P.W. 3). The evidence of these witnesses clearly proves that the Will (Exhibit 1) was duly executed and attested at the instance of Ram Singh Manki when he was in a conscious state of mind about two months prior to his death. The Will has also been proved to bear the thumb impression of Mst. Sulochana, one of the caveators, herself, who was the wife or concubine of the deceased, and Mst. Sulochana has not ventured to deny the same. (After discussion of the evidence on this point his Lordship proceeded:) If the evidence of these witnesses is accepted, as it has been rightly accepted by the Court below, then it must be held that the Will is a genuine Will and was duly executed and attested.