DURGA PRASAD Vs. JAGRANI KUNWAR

JUDGEMENT

(1.) In the case of a will reasonable, natural, and proper in its terms, it is not in accordance with sound rules of construction to apply to it those canons which demand a rigorous ecru tiny of documents of which the opposite can be said, namely that they are unnatural, unreasonable or tinged with impropriety.

(2.) On the question whether a will made by a Hindu in which he left all his property, movable and immovable, after the death of his widow, to his sister s son (one of the appellants) to the entire exclusion of the respondent (a remote relation), was genuine as held by the Subordinate Judge, or a forgery as held by the Court of the Judicial Commissioner, there wore concurrent findings of both Courts that the testator had been for years at enmity and on the worst of terms with the respondent, but had regarded the appellant with affection and treated him as his son. The will was found to have been duly executed, and properly attested by respectable servants in the testator s house whom it was natural to employ for that purpose.

(3.) Held that the will was in every respect a natural one, and in accordance with the testator s feelings and tenor of life, and the presumptions of law were in favour of its being maintained.