RAM AVADH UPADHAYA Vs. JAMUNA PANDEY

JUDGEMENT

(1.) This appeal arises out of an application for the grant of Letters of Administration. The respondent" had filed an application before the learned District Judge of Shahabad praying that Letters of Administration be granted to him with regard to the estate of Jhagru Upadhaya who had executed a will dated 11-8-1945 in his favour. The present appellant, who happens to be an agnate of the late Jhagru Upadhaya, had filed an objection and his contention was that the will propounded by the petitioner was a forged and a fabricated document. He further asserted that even if the father of the petitioner had managed to get a will executed by Jhagru Upadhaya by defrauding him or exercising pressure upon him, no Letters of Administration could be granted to the petitioner.

(2.) The learned District Judge came to the conclusion that the will propounded by the petitioner was a genuine document and that no fraud had been practised for the execution of the will nor had the late Jhagru Upadhaya been deceived or imposed upon. He further found that the document had been validly executed and that the requirement of the statute had been fully complied with. In this view of the matter, the learned District Judge decreed the suit and directed that Letters of Administration with a copy of the will annexed be issued to the respondent.

(3.) The objector has, consequently, come up in appeal, and Mr. Tarkeshwar Nath who has argued this appeal on his behalf has submitted two points, the first being that the document cannot be deemed to be a document executed and attested according to law, inasmuch as the petitioner was not able to prove that it had been attested by two witnesses, and the second being that the requirements of Section 68, Evidence Act, cannot be deemed to have been fulfilled in this case.