PRAVEEN KUMAR Vs. SHYAM DASS

JUDGEMENT

(1.) Ayodhya Bai, who was not blessed with any child and at the relevant time when she executed Will dated 6- 9-1969 bequeathing all her properties to Geeta Press, had lost her husband as well. She did adopt Praveen Kumar son of her husband's brother Gopi Kishan but, as mentioned above, preferred that all her properties should go to Geeta Press, thus debarring her adoptive son to inherit the said properties by way of natural succession. Ayodhya Bai breathed her last on 14-4-1970 and on her demise, the executors of the Will named above made an application u/S. 276 of the Indian Succession Act for grant of a probate with regard to the Will said to have been executed by Ayodhya Bai on 6-9-1969. The matter was contested by the adoptive son of Ayodhya Bai namely Praveen Kumar and Gopi Kishan, natural father of Praveen Kumar. Learned Distt. Judge, Ajmer, vide orders dated 22-12-1978 dismissed application of the executors. Aggrieved, the executors of the Will filed an appeal before this Court which has since been allowed by order dated 29-11-1994. It is against this order of the learned single Judge that the present special appeal has been filed under Section 18 of the Rajasthan High Court Ordinance, 1949.

(2.) Brief facts of the case reveal that out of the three brothers namely Bal Kishan, Ram Kishan and Gopi Kishan, Bal Kishan died at an early age leaving behind his widow Ayodhya Bai. The couple was not blessed with any child. In 1964, Ayodhya Bai adopted Praveen Kumar son of her husband's brother Gopi Kishan. Ayodhya Bai was concededly a religious lady and was staying at Pushkar, Ajmer and Indore whereas her adoptive son was staying at Ajmer. Shyam Das, respondent No. 1 brother of Ayodhya Bai was residing at Indore. Ayodhya Bai breathed her last on 14-4-1970 at Pushkar at the age of 60 years. It is again conceded position that at the time when Ayodhya Bai died, none of her relations were by her side but her last rites were indeed performed by Praveen Kumar, her adoptive son. It was on 13th day of the death of Ayodhya Bai that a list of articles was prepared which were found in the house of Ayodhya Bai at Pushkar. Three copies of the Will dated 27-3-1969 and three copies of Will dated 6-9-1969 were also found from the place where Ayodhya Bai was residing at Pushkar, besides some other articles. It is Will dated 6-9-1969 with regard to which the executors sought probate. The Will dated 6-9-1969 inter alia narrates that there had been partition and one Kothi at Madar Ka Naka, Ajmer and one house Nohra Choti Basti, Pushkar had fallen to her share while one shop in Nala Bazar, Ajmer, one Haveli at Ajmer and open plots at Ajmer were her 'Stridhan' and that she had bequeathed all her properties along with the movable and cash to Geeta Press and had also appointed two executors of the Will namely her brother Shyam Das and one Dhan Singh. It had also been mentioned in the Will that the properties may be given to Geeta Press or it may be used for any other religious or social purposes as may be decided by the executors.

(3.) The objectors Praveen Kumar and his natural father contested the Will by primarily pleading that it was not a genuine document and Shyam Das had made an attempt to gain dishonest and unfair advantage in the matter. Respective pleadings of the parties gave rise to only one relevant issue pertaining to the Will dated 6-9-1969 having been executed by Ayodhya Bai. The other issue was only as to what relief was to be granted in the case.