HARISH CHANDRA PRASAD Vs. JAGARNATH PRASAD

JUDGEMENT

(1.) This is an appeal under S.299 of the Succession Act by the defendant-objector against the judgment and order of the 2nd Additional District Judge, Patna, granting probate of the will said to be executed by one Raghunandan Khalifa on 15-6-1938 in favour of the two plaintiffs who died one after the other during the pendency of this appeal and have been substituted by their heirs and legal representatives.

(2.) The appeal was heard in part earlier and was adjourned for comparison of the signature of the executant by a handwriting expert. After receipt of the report of the expert, it has been heard again.

(3.) According to the case of the plaintiffs, the testator was residing in mohalla Sadiqepur in the town of Patna City. Undisputedly he did not have any child. The will in question (Ext. 2) is dated 15-6-1938 in favour of his nephews with respect to all his properties, namely, three houses which were his self acquired property and an Akhara which was his ancestral property, on account of the services faithfully rendered to the testator and his wife.