HAZARI OJHA Vs. LALLAN CHAUDHARY

JUDGEMENT

(1.) The defendants have filed this First Appeal against the Judgment and Decree dated 14.02.1979 passed by the learned Addl. District Judge, Motihari, District Champaran in title suit No.2 of 1975 / probate case No.27 of 1971.

(2.) The plaintiff-respondent filed the aforesaid suit for grant of probate and letters of administration in their favour on the basis of the Will dated 30.10.1956 said to have been executed by Fauzdar Chaudhary. According to the plaintiffs the property mentioned in Annexure-I to the plaint belonged to Fauzdar Chaudhary who died on 25.12.1956 leaving behind daughter's son. The said Fauzdar Chaudhary executed Will on 30.10.1956 in favour of her nephews, i.e., the plaintiffs out of his freewill in sound state of mind.

(3.) The appellants who are the sons of daughter of Fauzdar filed written statement. Another written statement was filed by the daughter Sampati Devi. Their main contention is that the Will is forged, fabricated and not executed by Fauzdar. On the death of Fauzdar, the daughter and the sons of deceased daughters are coming in possession of the property.