SATYENDRA KUMAR CHOUDHARY Vs. RAJENDRA KUMAR CHOUDHARY

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been preferred against the judgment dated 14.05.2008 passed by the learned Additional Judicial Commissioner No. XVIIth, Ranchi in Probate Title Suit No.12 of 2005 whereby and where under the learned court below has dismissed the suit filed by the plaintiff for probate of the will and testament dated 09.12.1986 said to have been executed in his favour by his father namely late Teshlal Choudhary which inter alia relates to a double storied building over a piece of land measuring 14 ¼ decimals located within Ranchi Town, Municipal Corporation area, prescribed under Schedule 'A' at the foot of the plaint.

(3.) The case of the plaintiff in brief is that the father of the plaintiff late Teshlal Choudhary died on 16.06.1988, leaving behind besides the plaintiff who his elder son, the defendant No.1- who is his younger son and the defendant No.2- who is his widow. The deceased late Teshlal Choudhary was an employee of Central Coalfields Limited and he took voluntary retirement from his service under a scheme to provide job for his dependent. After his retirement he intended to give his job in the C.C.L. to the plaintiff-appellant. But defendant No.1 objected to the same and accordingly Late Teshlal Choudhary allowed the defendant No.1 to join his job in C.C.L. in lieu of his voluntarily retirement.