RAM BILAS SINGH Vs. RAMDHEYAN BHAGAT

JUDGEMENT

(1.) Appellant/opposite party has preferred instant appeal against the judgment/order dated 28.05.2010 passed by Additional District Judge, Fast Track Court -III, Siwan in Probate Case No. 11 of 1996, Title Suit No. 01 of 2005 whereby and whereunder granted probate with regard to a will executed by Kumar Koeri, since deceased dated 03.12.1949 in favour of respondent/applicant, Ramdheyan Bhagat with cost.

(2.) Succinctly the case of the respondent -applicant is that from the genealogical table, it will be evident that there was one Manogi Koeri, common ancestor who had three sons, Kumar Koeri, Jai Koeri and Sheonandan Koeri. Sheonandan Koeri had one son Sukkat Koeri who predeceased his father, being unmarried. In due course of time Sheonandan Koeri also died in jointness with Kumar Koeri and Jai Koeri. Jai Koeri had one son Radha Koeri. Radha died leaving behind two sons Rambilas Koeri (Objector) and Ramdheyan Bhagat (applicant). Kumar Koeri was issueless and was taken cared of by Ramdheyan Bhagat, applicant and having been pleased with his service, Kumar Koeri had executed will in his favour on 03.12.1949 in presence of witness Ramsunar Kumar and Chhathu Teli who stood as witness thereupon. The aforesaid will got registered at the instance of Kumar Koeri wherein it was incorporated that after his death, the property will devolve upon Ramdheyan Bhagat applicant. Kumar Koeri died in the month of Ashardh, 1950. Applicant performed funeral, Shradh etc.

(3.) After death of Kumar Koeri, all the movable, immovable properties came under possession of applicant Ramdheyan Bhagat and since then, is continuing the same. It has further been asserted that Kumar Koeri had executed his last will on 03.12.1949 which was identified by Chhathu Teli of village Punak, P.S. -Darauli, District -Siwan while Ramsunar Kumar stood as a witness. It has also been stated that mutation had already been effected in his favour on the basis of aforesaid will. It has further been asserted that Kumar Koeri and Jai Koeri separated amongst themselves during their lifetime. The details of the property possessed by Kumar Koeri has been detailed under Schedule -I of the plaint. It has further been asserted that total value of the property detailed under Schedule -I appertain to sixteen thousand and on account thereof, prayed for issuance of letter of administration/grant of probate in favour of applicant.