RADHIKA DEVI Vs. AJAY KUMAR SHARMA

JUDGEMENT

(1.) THE defendant No.1 and 2 have filed this First Appeal against the Judgment and Order dated 29.06.2005 passed by Sri Prakash Chandra Gupta, 7th Addl. District Judge, Gaya in Title Suit No.18 of 1999 / 2 of 1994 allowing the application for probate and letters of administration filed by respondent No.1.

(2.) THE respondent No.1, Ajay Kumar Sharma field the aforesaid title suit under Section 278 of the Indian Succession Act alleging that late Fateh Bahadur Singh, the father of the plaintiff died on 14.05.1991 at Gaya leaving a register will in favour of the plaintiff dated 13.05.1981 duly executed and attested. THE plaintiff also averred that the value of the property which may come to him is Rs.2,32,758/-. Most of the property are within the jurisdiction of Gaya Court. Both the attesting witnesses are dead but the scribe Chandrika Prasad is still alive. THE will was annexed with the application.

(3.) AFTER trial, the learned Court below came to the finding that Fateh Bahadur Singh was physically and mentally fit and healthy doing all his works sincerely and efficiently as a prudent person and the will Ext.1 is registered document, therefore, its genuineness is attached to it because there is no other documentary evidence available on record to impeach its credibility. The learned Court below also found that Radhika Devi, the appellant No.1, widow of Faten Bahadur Sisngh, has sufficient property in her possession about 18 bigghas of land.