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2007 Supreme(Pat) 1310

SYED MD.MAHFOOZ ALAM
Ram Chandra Prasad Keshari – Appellant
Versus
Lakshmi Narain Jaiswal(Dead) Represented By His Legal Representatives – Respondent


Judgment

Syed Md.Mahfooz Alam, J.

1. This appeal has been preferred against the judgment and decree dated 10.4.1976 passed by Sri Ram Swarath Shahi, Additional District Judge lllrd, Patna, in Title Suit No. 27 of 1975, whereby he has been pleased to dismiss the suit of the plaintiff-appellant for grant of probate of the Will dated 10.1.1970 alleged to have been executed by Most. Gujari Devi.

2. Plaintiffs case, in brief, is that Most. Gujari Devi w/o late Madan Lai Kesharwani was the resident of Mohalla Dalhatta Patna City, P.S. Malsalami, District, Patna. The plaintiff claims to be the grandson in relation of the said Gujari Devi and being her grandson he was residing with Most. Gujari Devi and was looking after her affairs. The said Gujari Devi was very much pleased with the services rendered to her by the plaintiff and, so, she had full love and affection with the plaintiff and in token of love and affection she executed a Will in favour of the plaintiff with respect to her entire property. After execution of the said Will Most. Gujari Devi died on 25.3.1970 at her residence at Mohalla Dalhatta and so, the necessity of obtaining probate of the Will arose. Accordingly, a probate c





































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