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1968 Supreme(Pat) 75

SHAMBHU PRASAD SINGH, ANWAR AHMAD
Bishwanath Gosain – Appellant
Versus
Dulhin Lalmuni – Respondent


Judgment

Shambhu Prasad Singh, J.

1. This appeal by the objector-opposite party arises out of a proceeding for revocation of the grant of the probate of an unregistered will dated the 14th August, 1956, allegedly executed by one Tengari Gosain of village Sarna Mathia in the district of Shahabad. The grant was made on the 12th May, 1959, in an ex parte proceeding on the basis of an application of the appellant dated the 10th December, 1958. The proceeding for revocation under Sec.263 of the Indian Succession Act was started on an application of the respondent Lalmuni Devi dated the 13th March, 1961. The respondent claims to be a daughter of Tengari Gosain.

2. Briefly stating the case of the respondent was that the aforesaid will dated the 14th August, 1956, was never executed by Tengari Gosain and was a forgery. Her case further was that Tengari had died in the month of Baisakh in the year 1956 leaving behind the respondent and two other daughters, Jhanjho and Kesra. As she and her sons used to live with Tengari during his lifetime and looked after his property, after his death, they alone came in possession of his properties. Her two sisters, Jhanjho and Kesra, being issueless, reli































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