RAM EKBAL DUBEY @ NATHUNI DUBEY SON OF PRADUMAN DUBEY Vs. ANUSUIA DEVI WIFE OF LATE DEO KUMAR DUBEY AND OTHERS

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment and order dated 05.09.2001 passed by Sri Arun Kumar Srivastava, the then 2nd Additional District Judge, Buxar in Title Suit No. 16 of 1992 whereby and whereunder the Probate Petition filed by the plaintiff was dismissed on contest but without cost. The plaintiff is the appellant whereas the defendants are the respondents.

(2.) The plaintiff/appellant filed an application in the court of Sub-Judge Ist, Buxar giving rise to Probate Case No. 23 of 1991 and on objection the same was converted as Title Suit No. 16 of 1992. The plaintiff has filed the aforesaid suit for obtaining probate regarding the registered deed of Will dated 09.12.1974 executed by the Testator Raghubansh Dubey regarding the estate of the deceased fully detailed in Schedule-A at the foot of the petition of Probate.

(3.) As per the case of the plaintiff, one Raghubansh Dubey @ Bachchan Dubey duly executed a Deed of Will on 09.12.1974 and Suraj Dubey and Srinath Sahay were the witnesses. The aforesaid Will was registered under the provision of Indian Registration Act. The Testator Raghubansh Dubey @ Bachchan Dubey died on 26.11.1989 at village Chausa and the Deed of registered Will is his last Will and the suit property described in schedule-A belongs to the Testator and also owned and possessed by the deceased at the time of his death which have come or likely to come in the hands of the plaintiff. The plaintiff is the executor of the said registered Will. The deceased Testator, at the time of his death, had permanent abode at village Chausa and the property in question is also at village Narbatpur, P.S.- Buxar within the jurisdiction of the Court. The plaintiff is the grandson of the deceased Testator and no such Probate Case was filed earlier either before this Court or any other Court.