LAWS(RAJ)-2008-1-62

RAM RAGHUNATH B MANTRI Vs. PAWAN KUMAR

Decided On January 07, 2008
RAM RAGHUNATH B MANTRI Appellant
V/S
PAWAN KUMAR Respondents

JUDGEMENT

(1.) THIS civil misc. appeal under Section 384(1) of the Indian Succession Act, 1925 is directed against the order dated 31.10.1998 passed by the District Judge, Kota (for short 'the trial Court' herein after) granting probate of will in favour of the respondent Pawan Kumar, Pankaj Kumar and respondents Smt. Ratan Devi and Shri Omprakash. Before the trial Court the appellant was objector.

(2.) HEARD Counsel for the parties and perused the order impugned and relevant material available on record.

(3.) EVEN otherwise, the appellant has no interest in the property and does not claim the property which is subject matter of the will and being a tenant simply raised the issue of valuation. The value has already been determined by the Collector (Stamp), Kota which cannot said to be contrary to the provisions of law. The trial Court did not find any error in determination of valuation and the fact of will was found to have been executed by deceased Pooranmal in sound disposing conditions in favour of applicant Pawan Kumar and three others and near relatives of the deceased did not object grant of probate and allowing the application for grant of probate.