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1961 Supreme(Pat) 78

KANHAIYA SINGH, RAM RATNA SINGH
Ram Nath Das – Appellant
Versus
Ram Nagina Choubey – Respondent


Judgment

Kanhaiya Singh, J.

1. This is an appeal from the judgment and order of the Additional District Judge, Arrah, dated 25th July, 1956, refusing to grant a probate of the Will of Mahanth Banwari Das. The propounder of the Will is Ram Nath Das, who claims to be the Chela of the testator. The Will is a registered instrument and was executed on 3rd July, 1940. Mahanth Banwari Das, the testator, died six years after the execution of the Will on 17th July, 1946. The present application for probate was filed on 30th November, 1953. The case of the propounder is that the Will in question was the last Will and testament of Mahanth Banwari Das, that it was duly executed by him and attested by other witnesses, that he had been appointed executor under the Will and that by this Win Mahanth Banwari Das appointed him his successor and also directed that on his death he would enter into possession of the entire properties and assets of the Kutias.

2. Ram Nagina Choubey, Ram Bhawan Das and Raj Kumar Das preferred objections to the grant of the probate. Ram Nagina Choubey claimed to be the successor of the late Mahanth. The other two objectors, Ram Bhawan Das and Raj Kumar Das, claimed to be t












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