JAICHAND PRASAD Vs. SITABIA DEVI AND ORS.

JUDGEMENT

(1.) Appellant/opposite party being aggrieved by and dissatisfied with the judgment and order dated 25.04.2011 passed by the Additional District Judge -IIIrd, Patna City, Patna in connection with Revocation Case No. 170 of 1999 arising out of Probate Case No. 80 of 1983 whereby and whereunder revoked the probate granted vide order dated 15.07.1997 under Probate Case No. 80 of 1983 relating to Will dated 30.05.1982, has filed instant appeal.

(2.) Respondent/petitioners launched Revocation Case No. 170 of 1999 for revocation, annulment of order dated 15.07.1997 passed in Probate Case No. 80 of 1983 granting probate relating to a Will dated 30.05.1982 and for that, pleaded that one Dasho Gope was the common ancestor, who died leaving behind two sons Naraian Gope and Kishun Gope. In due course of time, Naraian Gope and Kishun Gope separated amongst themselves by metes and bounds, and the property exclusively allotted to the share of Naraian Gope has been detailed under Schedule -A of the plaint. Naraian Gope died leaving behind only two daughters, who are none else than these two petitioners and accordingly, even after their marriage, they continued in giving all sorts of service, hospitality, care to their father Naraian Gope, who died on 17.07.1982 leaving behind his widow Mosmat Jagdaiya Devi and these two petitioners. Naraian Gope died intestate. Last rite, Shradh etc. was performed by the son of petitioner, Sitabia Devi.

(3.) It has further been pleaded that wife of Late Naraian Gope namely Jagdaiya Devi, mother of these two petitioners died on 23.05.1993, intestate leaving behind these two petitioners as successor. Her last rite as well as shradh was performed by these two petitioners and was well known to all.