BHOLA SINGH Vs. KEDARNATH SINGH AND ORS.

JUDGEMENT

(1.) This appeal under Sec. 299 of the Indian Succession Act, 1925 (herein -after referred to as 'the Act') and under Sec. 96 of the Civil Procedure Code, by the sole appellant Bhola Singh (one of the defendants) is directed against the judgment and decree dated 21.8.64 passed in Title Suit no. 2/1 of 1962 by the learned Additional District Judge. Kedarnath Singh, respondent no. 1, one of the sons of Dhanesh Singh, on 6.12.60 filed probate case no. 83 of 1960 in the Court of District Judge for the grant of probate or in the alternative letters of administration with respect to a will executed by Bachu Singh on 21.6.70 registered on 22.6.50 at the Buxar Sub -registration office in the district of Shahabad. Since the original will was misplaced the certified copy (Ext. 1) was filed along with the application by Kedarnath Singh. By the said will Bachu Singh bequeathed his entire properties after his death to his wife Adhirajo Kuer for her life with powers to encumber the estate for legal necessity and after her death the remaining property was bequeathed absolutely to his nephew Kedarnath Singh. Bachu Singh died on 18.5.53 when he was aged about 80 years. Adhirajo Kuer also died subsequently on 3.11.60.

(2.) In order to appreciate the nature of the dispute it is necessary to set out the pedigree of the contesting parties as follows: - -

(3.) Did the testator have the disposing and testamentary capacity?