NEPAL SAHI Vs. REKHA KAUR

JUDGEMENT

(1.) The appellants have impugned the judgment of the judicial Commissioner, Ranchi dated 31st of January, 1979 by reason of which prayer for grant of letters of Administration in favour of appellants has been rejected.

(2.) The facts are : Both these appellants are the brothers and sons of Prithi Sahi. One Anmol Sahi died on 6.7.1974 leaving behind two daughters, namely, Chandrawati Devi and Rekha Kaur. Prithi Sahi is the nephew of Anmol Sahi whereas Bamal Sahi is the brother of said Anmol. Thus, the appellants are grand sons of Anmol being the sons and nephews of Prithi Sahi. By reason of a will executed on 2.4.1972 (Ext. 2), the testator, Anmol bequeathed his some of the properties in favour of the appellants. The prayer of the appellants were resisted by two daughters of the testator on the ground that the said will was not executed voluntarily, rather, it was obtained by the appellants by influence. Their further case was that due to old age the testator lost his mental balance and taking advantages of its the appellants got the will executed on some false pretext.

(3.) On behalf of the appellants three witnesses were examined whereas the objectors examined six DWs. before the learned trial Court. A.W. 1 is Lakhan Bhagat who is the witness on the execution of the will and has identified is signature on the will. The scribe of the will is Niranjan Sahu, AW 2 and his signature is Ext. 1/1. He has proved the will so executed by the testator, Anmol, A.W 1, Ram Chandra Sahi is one of the appellants. According to him the testator without any influence, force or coercion, out of his own will executed the said document.