MAHADEO RAI Vs. BHAGWAN ROY

JUDGEMENT

(1.) The plaintiffs have filed this First Appeal against the Judgment and Decree dated 14.8.1991 passed by Sri Nand Kishore Narain Sinha, 9 th Addl. District Judge, Patna in title suit No.6 of 1990 dismissing the plaintiff's suit.

(2.) In fact the plaintiffs-appellant filed an application under Section 276 of the Indian Succession Act for the grant of letters of administration. The said application was registered as L.A. Case No.134 of 1985. When Mungeshwar Sahoo, J. the defendants filed contesting written statement denying the execution of the Will, the letters of administration case was converted to title suit No.6 of 1990.

(3.) The plaintiff filed the aforesaid application alleging that Charan Rai died leaving behind his 3 sons, namely, Mishri Rai, Dahaur Rai and Teka Rai. There was complete partition between the 3 brothers in the year 1965. They were cultivating their lands separately. Since, Mishri Rai was old and issueless, he gave his half share land to Dahaur Rai and half share land to Teka Rai on condition that they will give him the produce of his land for his maintenance. Dahaur Rai died in the year 1977 leaving his two sons Bhagwan Rai and Bhagwat Rai. These two sons of Dahaur Rai did not give the produce to Mishri Rai, therefore, Mishri Rai took back his lands from them and entrusted the same in favour of Teka Rai as such Teka Rai came in possession of the entire land of Mishri Rai. Mishri Rai executed a Will on 2.2.1980 in presence of witnesses. Since Mishri Rai was illiterate the scribed read it over and explained to Mishri Rai and after explaining contents of the Will, Mishri Rai made endorsement of execution through Shobha Rai and put his thumb impression on each page. Mishri Rai died on 3.7.1983. The widow of Mishri Rai, namely, Dulari Devi has life interest in the Will but she did not joint the petitioner, therefore, the appellant filed the application for grant of probate and issuance of letters of administration.