SAT PAL Vs. SADHU RAM

JUDGEMENT

(1.) Validity of a Will said to have been written by the Testatrix, on the dictation of the sole beneficiary there rider, is the main point in issue in appeal here. This matter has arisen in the context of the property in suit which was owned by. Smt. Rajo, who died issueless sometime in May 1956 and the claim to it put-forth by the plaintiff-Sadu Ram, under the said Will.

(2.) Admittedly, the plaintiff Sadhu Ram was no relation of the testatrix Smt. Rajo and what is more, the Will in question exhibit P/3 did not see the light of the day until the filing of the present suit which was about 17 years after the death of Smt. Rajo. 1, It is pertinent to note in this behalf that even in the suit, the reference to the Will came only in the replication and not the plaint.

(3.) The Will in question exhibit P/3 is an unregistered Will, which according to the plaintiff. was written by Smt. Rajo in her own hand at her residence in the village, on his dictation. There were two attesting witnesses of this Will-Hari Ram and Sat Pal, but only one of them was examined as a witness in court, namely; P.W. 4 - Sat Pal - a relation of the plaintiff Sadhu Ram. In a case like the present where such a prominent role has been played by the beneficiary under the Will in its execution, a heavy burden is placed upon such beneficiary to remove all trace of suspicion with regard to the execution of the Will. In such, a situation, the non-production of an attesting witness, not under the influence of the beneficiary or related to him, does assume significance and indeed tends to raise an adverse inference against the plaintiff, specially, when no explanation is forthcoming to account for this attesting witness not being examined to prove the Will.