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1991 Supreme(Pat) 193

S.B.SINHA
Udeshwar Singh And Another – Appellant
Versus
Runa Devi – Respondent


Judgment

S.B.Sinha, J.

1. This first appeal Under Sec. 299 of the Indian Succession Act arises out of a judgment dated 29th January, 1986 passed by Shri S. Narayan in Probate Case No. 1 of 1982, whereby and whetherunder the said learned Court allowed an application filed by the respondents for grant of Letters of Administration in relation to the will dated 14-9-1973 executed by Mst. Sundarmani Devi.

2. The fact of the matter lies in a very narrow compass.

3. Mst. Sundarmani Devi executed a registered will dated 14-9-1973. She died on 23-12-1981 at village Sikki Kala. According to the respondents, Mst. Sundarmani Devi had great love and affection for the petitioner, as she had rendered services to her husband. She out of her love and affection and in view of the services rendered, executed and registered the aforementioned will in her favour On the other hand, the case of the appellants was that the testatrix had no authority to execute the said will. According to the appellants, Sundarmani Devi being the wife of Lalji Singh, had no concern with the lands under the will nor she had any interest therein.

4. It appears that prior to execution of the said will, Sundarmani Devi had file

















































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