SHEOGOBIND SINGH Vs. RAJESHWARI KUER

JUDGEMENT

(1.) This appeal has been preferred by the appellants whose application for letters of administration of a will, dated 21-2-54 has been dismissed by the learned Additional District Judge of Shahabad. On 15-2-55, the appellants had filed a petition for grant of a probate of the will of one Komal Singh, dated 21-2-54, Komal Singh having died on 20-6-54. The objector to this application was one Mosammat Rajeshwari Kuer, who has described herself as the widow of Komal Singh deceased. Ultimately, by an order dated 14-9-59, the applicants for probate were permitted to amend their petition, describing it as a petition for probate or letters of Administration.

(2.) On objection having been filed by Mosammat Rajeshwari Kuer, the case was numbered as Title Suit The facts are these. According to the two plaintiffs, Komal Singh was their maternal uncle and he had executed the will in question on 21-2-54 with respect to the properties mentioned therein. It was alleged that Komal Singh was then in a sound state of body and mind and that he had executed the will after being fully aware of its contents. The will was duly attested by witnesses and, therefore, the plaintiffs are entitled to probate or letters of Administration in respect of the will.

(3.) The case of Mosammat Rajeshwari Kuer was as follows. It was alleged that she was the widow ot Komal Singh and one Chandra Singh was the adopted son of Komal Singh. It was alleged that the plaintiffs were not the bhaginas of Komal Singh. According to her case, the will in question was a forged and fabricated document and it was not properly executed or attested. It was contended that there were circumstances to show that no will could have been executed by Komal Singh in. favour of the petitioners. According to Mosammat Rajeshwari Kuer, Komal Singh had no property left with him at the time of his death and, therefore, there was nothing to administer.