HARADHAN MAHATHA Vs. DUKHU MAHATHA

JUDGEMENT

(1.) This appeal has been preferred by applicants in a probate case against the decision of a learned single Judge of this Court in a first appeal whereby the judgement passed by trial Court has been reversed.

(2.) An application was filed for grant of Letters of Administration in favour of the applicants in respect of the properties described in the Will giving rise to Probate Case No. 3/2 of 1970/71. The case of applicants, in short, was that one Chutamani Debya, a Hindu governed by Mitakshara School, died issueless after executing a registered Will dated 22-12-1917 in favour of Haliram Mahatha, Budhu Mahatha and Khudu Mahatha, in respect of the properties described in the Will. After death of the testator, the legatees, who were ancestors of the applicants, came in possession of the properties, which were subject-matter of the Will, and upon the death of the legatees, the applicants as their heirs are continuing in possession of the same. The said Will is said to be the last Will of the testator, who at the time of execution of the Will, was of sound state of mind.

(3.) After citations were issued to near relations, several objections were filed. One of the objections was that the testator had no right, title and interest in the properties bequeathed. It is said that the Will was obtained by fraud, coercion, misrepresentation and after taking advantage of illiteracy of the testator, who was a lady. Thus, genuineness of the Will was challenged on behalf of the objectors.