S. KUMAR, J.:–Heard learned counsel for the parties.

2. This appeal has been filed under Section 299 of the Indian Succession Act, 1925, for setting aside the judgment and order dated 19.06.2010 passed in Probate Case No. 11 of 1989 passed by Additional District & Sessions Judge, FTC-II, Sheikhpura, granting Letter of Administration in favour of Sita Ram Yadav applicant/respondent.

3. Testator Syed Serajul Haque was son of late. Munshi Abdul Nahab Mokhtar

r/o Mohalla Yahiyapur, Sheikhpura, who was practising as Mokhtar in Munger and Jamui and died on 05.10.1975 at 5:00 am in his house at his village, and before his death, he had executed a Will on 01.10.1975, which was attested by Md. Imam Ali, Dayanand Gupta, Sishu Prasad and Sadhu Saran. The Will was scribed by Kameshwar Nath-Deed Writer, Sheikhpura, which was drafted on the instruction of testator and same was read over to the testator by the deed writer in presence of witnesses who attested the Will by putting their signatures in presence of testator. The Will was registered in the house of testator on 02.10.1975 by Sub-Registrar, Sheikhpura, and at the time of registration testator was identified by Karu Sah before the Sub-regis