BAUL CHANDRA MANDAI Vs. LEHALI MANDALAIN

JUDGEMENT

(1.) PRATAP Chandra Mandai died on 29.7.1980 at Maithan, leaving behind two sons, Sunil Kumar Mandai and Anil Kumar Mandai and a grand daughter Lehali Mandalain, daughter of his pre -deceased son, Nathu Nath MandaI. Baul Chandra Mandai, son of Jogindra Mandai of village Sanga Mahul, district Dhanbad, who was brother -in -law of Sunil Kumar Mandai filed Probate Case No. 3 of 1983, in the capacity of executor of the will dated 10.3.1969 said to be executed by Pratap Chandra Mandai in favour of his five grand sons, Golak Mandai, Manth Mandai, Baltu Mandai, all sons of Anil Kumar Mandai, and Bishwanath Mandai and Bikas Mandai, sons of Sunil Kumar Mandal.

(2.) LEHALI Mandalain filed objection to the grant of probate of the said Will. According to her the testator was an illiterate person and as such the Will in question was got executed by him fraudulently on misrepresentation by wives of his two sons. Contents of Will were not explained to him and during his life time testator had destroyed original Will and sold a portion of Plot No. 1715 by sale deed dated 9.11.1976 to one Chaitanya Das. In fact, his two sons, in order to deprive objector of her legal share got the Will executed by Pratap Chandra Mandal.

(3.) THE original Will was not produced on the ground that some of its pages were not available and so certified copy thereof was brought on record and marked Exhibit 1.