PRITAMA KAUR Vs. SARDAR BALWANT SINGH

JUDGEMENT

(1.) ALL the parties have been heard. They have filed counter affidavits, supplementary affidavits and rejoinders. With the consent of the parties this application is being disposed of.

(2.) THE order dated 10.11.2004 passed by 1st Additional District Judge, Katihar, is under challenge in the present proceedings. The said order arises from T.S. No. 1/2002 which is a proceeding converted from Probate Case No. 1/1998.

(3.) BY the said Will Sardar Mouleshwar Prasad Singh appointed his son Gurudayal Prasad Singh as the Managing Trustees and his wife as Life Trustees. The objection filed on behalf of Sardar Balwant Singh Ramuwalia was basically that the testator i.e. Late Sardar Mouleshwar Prasad Singh had no authority to make such a testamentory disposition. The right, as exercised by him, was wrong. A Will executed by him was forged.