PREM CHAND PRASAD Vs. MOST RESHMI KUER WIDOW

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been preferred by the appellant against the judgment dated 27.09.1997 passed by the 6th Additional District & Sessions Judge, Palamau in P. S. No.2 of 1993 whereby and where under the learned court below has dismissed the suit on contest with costs. The said suit arose out of an application for grant of letter of Administration in favour of the plaintiff in respect of the last Will of Shiv Prasad Sao which was initially registered as Administration Case No.2 of 1993. The defendants appeared and filed their written statement and thereafter the administration case was converted into Title Suit No. 1 of 1996.

(3.) The case of the plaintiff in brief is that Shiv Prasad Sao executed his last Will on 09.11.1992 which is the Exhibit 1 of the suit. By virtue of the said Will, the plaintiff after the death of the testator Shiv Prasad Sao became entitled for the amount deposited in the name of the testator Shiv Prasad Sao in fixed deposit and savings deposit in Palamau Kshetriya Gramin Bank, branch office Narsinghpur Patra, details of which have been mentioned in Schedule 'A' of the application for letter of administration. The family members of the testator and their descendants have been mentioned in Schedule 'B' of the said application for letter of administration. It is the case of the plaintiff that the testator executed the will in sound mind and sound body without undue influence and misrepresentation. It is also the case of the plaintiff that he has met the expenses incurred in funeral (sic cremation) Shradh and other last rites ceremony as mentioned in Schedule 'C' of the letter of administration.