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2016 Supreme(Pat) 494

ADITYA KUMAR TRIVEDI
Shri Devi – Appellant
Versus
Dewanti Devi – Respondent


Advocates Appeared:
For the Appellants : Mr. Sanjeev Ranjan
For the Respondents: Mr. Jitendra Kishore Verma, Mr. Anjani Kumar, Mr. Abisekh Anand.

JUDGMENT :

Appellant/legatee filed instant appeal under Section 299 of the Indian Succession Act against the judgment dated 01.06.2012 and decree dated 07.06.2012 passed by the Additional District Judge-II, Jehanabad in Probate Case No. 01 of 2006 leading to Title Suit No. 02 of 2008 whereby and whereunder dismissed the petition.

2. Appellant/legatee Smt. Shri Devi filed Probate Case No. 01 of 2006 relating to registered Will dated 23.03.2004 allegedly executed by Mosmat Jeera Devi relating to Schedule-1st Property in her favour. Pappu Kumar has been identifier, Shyam Narayan Prasad and Vijay Shankar Prasad have been shown to be the witnesses. To substantiate the same, it has been pleaded that Mosmat Jeera Devi, wife of Late Dilkeshwar Mistri held and possessed the property detailed under Schedule-1 of the petition. It has further been pleaded that aforesaid Mosmat Jeera Devi being pleased with the services rendered by the applicant, who was her tenant, executed a registered deed of Will dated 23.03.2004 with respect to the properties detailed under Schedule-1 of the plaint in favour of applicant including other properties though not detailed. It has further been ascribed that Mosmat

















































































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