PRABHUNATH SINGH Vs. SUKHDEO RAI

JUDGEMENT

(1.) This First Appeal has been filed by the defendants-appellants against the Judgment and decree dated 08.11.1979 passed by Sri V.N. Mehrotra, the learned Second Addl. District Judge, Chapra in Probate Case No. 12 of 1969/8 of 1974 decreeing the plaintiff suit. The plaintiff-respondent, Sukhdev Roy field the application for the grant of probate or letters of administration with respect to the registered will dated 12.09.1941 executed by Ram Subhag Roy which was registered as probate case as aforesaid.

(2.) According to the plaintiff-respondent, Ram Subhag Roy executed the registered will dated 12.09.1941 which was duly attested and registered. Ram Subhag Roy was illiterate and hardly he could write anything without dictation. On the ground of old age his hands were trembling so he only put his left thumb impression on the will and on his instruction, Rajgrih Singh signed for him on the will. In the registered will, it was stipulated that during the life time of his wife, Gulabo Kuwar, she will remain in possession of the entire property and on her death, it would devolve on the petitioner, Sukhdeo Roy. The said Ram Subhag Roy died on 12.09.1941 and his widow Gulabo Kuwar died 8 years prior to the filing of this probate case. The appellant-plaintiff used to maintain Gulabo Kuwar and after death, he came in possession of his entire property. He performed Shradh of Ram Subhag Roy and her widow Gulabo Kuwar.

(3.) The appellants objected the application. Their main defence is that Ram Subhag Roy never executed any will in favour of Sukhdeo Roy nor the will is duly attested. The alleged will is forged and fabricated. On the death of Ram Subhag Roy, the father of the appellants, namely, Nagina Roy and father of respondent, namely, Ram Jatan Roy forcibly took possession of the lands of Ram Subhag Roy, his widow was getting maintenance from them. Ram Subhag Roy was the illiterate person and was not capable of understanding the worldly affairs. Ram Subhag Roy had a paralytic attack in the year 1939 and was confined to bed. He lost his mental balance and was unable to talk. The respondent manufactured the will during the aforesaid period and never disclose about the will for last more than 30 years. The said will was never scribed by Sri Damodar Prasad. All other allegations regarding registration and attestation were also denied. It is further alleged that Gulabo Kuwar never came in possession. Ram Subhag Roy was living with Nagina Roy who was the father of the appellants and, therefore, there was no question to depriving him from the legal inheritance. Shradh were performed by the father of the appellant. It was further pleaded that Ram Subhag Roy was able to sign his name and he could also right something but because the will is false one, the respondent could not secure his signature on the will.