SHAILENDRA SINGHALIAS SHAILENDRA Vs. DILIP KUMAR SINGH

JUDGEMENT

(1.) The Defendant has filed this Appeal against the judgment and Decree dated 12.06.2007 the decree singed on 11.07.2007 by Sri Mahatam Prasad, the learned Ist Addl. District Judge, Aurangabad in Title suit No. 1 of 2005 arising out of letters of administration case No. 2 of 1995 / 5 of 1996.

(2.) It appears that originally application for probate was filed by the Respondent which was numbered as probate case No. 2 of 1995. The Appellant appeared and contested the said case and on the prayer of the Defendant, the said case was converted to title suit by order dated 30.09.2005.

(3.) The Plaintiff-Respondent, Dilip Kumar Singh prayed for grant of probate and letters of administration regarding the will executed by Mostt. Lalmani Kuer in favour of Dilip Kumar Singh. It is alleged that Kailash Singh and his wife Mostt. Lalmani Kuer were issueless and, therefore, they brought up Hiramani Devi whose mother has died when she was aged about 9 years. Subsequently, husband of Lalmani Kuer, namely, Kailash Singh died. Thereafter, Hiramani Devi took Lalmani Kuer to her residential places and looked after her. Since, Lalmani Kuer had love and affection with Hiramani Devi and as she had brought up her from her childhood, she intended to execute a 'Will' in favour of husband of Hiramani Devi. Accordingly, a registered will was executed on 20.09.1994 for the lands described in the will.