SHARDA DEVI Vs. BINDHACHAL MISSIR

JUDGEMENT

(1.) THIS First Appeal has been filed under Section 299 of the Indian Succession Act, 1925, against the judgment and decree dated 30th September, 1975 passed in Title Suit No. 12 of 1973/ 4 of 1975 by the learned 3rd Additional District Judge, Arrah.

(2.) THE plaintiff -appellant herein brought the aforesaid suit for grant of Letters of Administration with respect to a will dated 28.4.1971 ( Ext. 2) executed by one Mostt. Jadubansi Kuer. According to the plaintiff -appellant herein, the aforesaid Mostt. Jadubansi Kuer was her Phua(father's sister) and she died on 29.5.1971, but before her death she executed the aforesaid will with respect to her entire movable and immovable properties, detailed in Schedule A of the plaint. It was the case of the plaintiff -appellant herein that Mostt. Jadubansi Kuer executed the aforesaid will in her sound state of mind and health. The plaintiff, being the legatee, was entitled to obtain Letters of Administration with respect to the suit properties.

(3.) IN support of her case, the plaintiff -appellant herein examined 17 witnesses. The defendant also examined 17 witnesses. Both the parties produced the documentary evidence as well, in support of their respective claims with respect to the suit properties.