THAKUR RAI Vs. RAMBRICHH RAI

JUDGEMENT

(1.) This appeal arises oat of an application for grant of letter of administration which was filed by the present respondent and which was subsequently registered as a suit after the present appellant entered appearance and filed an objection. The will in question is a registered will dated 4 -6 -1933 which is alleged to have been executed by two brothers Parma Rai and Jadu Rai both of whom admittedly died unmarried. According to the case of the plaintiff -respondent by this will the two executants bequeathed all their properties to the plaintiff -respondent and he became entitled to the same on the deaths of these two executants out of whom Jadu Rai died in Chait 1939 and Parma Rai on 14 -8 -1967, the case of the present appellant in the court below was that the will in question was not a genuine document but was a forged and fabricated one and his further case was that Parma Rai and Jadu Rai were addicted to Ganja and Bhang and were not in a position to understand the contents of the aforesaid will at the time when the same is alleged to have been executed by them and it was further alleged that the will was brought into existence by practising fraud upon them. On consideration of the evidence as adduced by the parties, the court below came to the finding that the will in question is a genuine document which was duly executed and attested according to law and it further came to the finding that the two testators had executed the same after fully understanding the contents of the document. In accordance with these findings the prayer of the respondent for grant of letter of administration with respect to the will in question has been allowed and the present appeal has thereon been preferred by the appellant.

(2.) The only points that were urged before me in this appeal was that the will in question is not a valid document as the properties forming the subject matter of the bequest have not been specified therein and that the will has not been duly executed in accordance with law and that it was not admissible in view of the provisions of Sec. 68 of the Evidence Act.

(3.) As regards the objection regarding the invalidity of the will on account of non -specification of the properties therein, it appears on reference to the will itself (vide Exhibit 9) that by this document the two testators purported to make a bequest of all the movable and immovable properties that might be left by them. Hence, as the bequest specifically related to the entire properties belonging to the executants, there could not be any question of any vagueness in the will so far the properties are concerned and as such, the contention about the will being invalid on account of non -specification of the properties is quite untenable.