RAM CHANDRA PRASAD KESHARI Vs. LAKSHMI NARAIN JAISWAL

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree dated 10.4.1976 passed by Sri Ram Swarath Shahi, Additional District Judge lllrd, Patna, in Title Suit No. 27 of 1975, whereby he has been pleased to dismiss the suit of the plaintiff -appellant for grant of probate of the Will dated 10.1.1970 alleged to have been executed by Most. Gujari Devi.

(2.) PLAINTIFF 'scase, in brief, is that Most. Gujari Devi w/o late Madan Lai Kesharwani was the resident of Mohalla Dalhatta Patna City, P.S. Malsalami, District, Patna. The plaintiff claims to be the grandson in relation of the said Gujari Devi and being her grandson he was residing with Most. Gujari Devi and was looking after her affairs. The said Gujari Devi was very much pleased with the services rendered to her by the plaintiff and, so, she had full love and affection with the plaintiff and in token of love and affection she executed a Will in favour of the plaintiff with respect to her entire property. After execution of the said Will Most. Gujari Devi died on 25.3.1970 at her residence at Mohalla Dalhatta and so, the necessity of obtaining probate of the Will arose. Accordingly, a probate case bearing no. 158 of 1970 was filed before the District Judge, Patna for grant of probate of the Will dated 10.1.1970. It is further said that the deceased Most. Gujari Devi had not left any near relative behind her and, so, initially no relative of the deceased was made party to the application filed for grant of probate. One Shri Laxmi Narayan Jaiswal, the original respondent appeared and filed caveat in the probate case and after contest the probate case was converted into Title Suit.

(3.) FROM perusal of the lower court records, it appears that the learned trial court on the basis of the pleadings of both the parties framed as many as five issues in the suit for consideration which are as follows: ''