Honble KAPUR, J. — This Civil Misc. Appeal relates to grant of probate to a will executed on 6.9.1969 by Ayodhya Bai. The appellants were petitioners before the District Judge, Ajmer and their application for grant of probate of the will was rejected mainly on the ground that several suspicious circumstances surrounded the alleged will. The objector respondents are adopted son of Ayodhya Bai and his natural father, who is also the brother-in-law of deceased Ayodhya Bai.

(2). There were three brothers Bai Kishan, Ram Kishan and Gopi Kishan. Bai Kishan died at the very early age leaving behind his widow Ayodhya. They had no child hence in 1964 Ayodhya Bai adopted Praveen Kumar son of her husbands brother Gopi Kishan. Ayodhya Bai devoted her time by staying at Pushkar, Ajmer and Indore while Praveen Kumar stayed at Ajmer. The appellant No. 1, who is the brother of Ayodhya Bai is living at" Indore and Ayodhya Bai used to stay with him while at Indore. Ayodhya Bai died on 14.4.1979 at Pushkar at the age of approximately 60 years. She was living there all alone and none of the relation; were by her side when she died. The last rites were performed by Praveen Kumar and on 13th day a list of articles were prepared which were found in the house of deceased Ayodhya Bai at Pushkar. Besides the articles of every day use in this list Ex.A.l, it is mentioned that there was a clock, spectacles, religious books and other papers. Two silver bangles, three copies of a will dated 27.03.1969 and three copies of a will dated 6.08.1969. This list has been signed by both the appellants, respondents and a couple of other persons. It is the will dated 6.08.1969 for which the appellants applied for grant of probate.

(3). In this will Ayodhya Bai has narrated that there has been a partition and one Kothi at Madar-ka-naka, Ajmer and one house Nohra Choti Basti, Pushkar have fall to her share in partition while one shop in Nala Bazar, Ajmer, one Haveli at Ajmer and open plots at Ajmer are her stridhan Dhan property. She has bequeath all this property alongwith her movable and cash to Geeta Press, Gorakhpur and has also appointed two executors of the will who are the appellants Shyam Das and Dhan Singh. It is also written in this will that the property may be given to Geeta Press or it may be used for any other religious or social purposes as may be decided by the executors.

(4). The objectors in their reply denied this will and stated that Praveen Kumar was the son of the deceased Ayodhya Bai and was in lawful possession of all the properties. His marriage was also performed by Ayodhya Bai and it was alleged that the petitioner Shyam Das was in invited to the deceased and he had made all attempts to gain dishonest and unfair advantages in the matter. He contested the execution of the will and pleaded that it was not a genuine document.

(5). On the pleadings of the parties the following issues were framed : —

(i) Whether the will dated 6.9.1969 was duly executed by Smt. Ayodhya Bai ?

(ii) To what relief.

(6). The appellants examined P.W. 1 Shymadas, P.W. 2 Arun Kumar, attesting witnesses and P.W. 3 Ashok Kumar, who is another attesting witness to the will. For the objectors, Praveen Kumar himself appeared in the witness box and examined D.W. 2 Gopi Kishan and D.W. 3 Rameshwar Lal. Before coming to the conclusion which have been arrived by the learned District Judge, Ajmer the evidence in the case may be briefly looked into. On the day the will was executed namely, 6.9.1969, Ayodhya Bai was at Indore where she had gone in connection with the marriage of her niece. According to him, Ayodhya Bai had a draft of the will with her and she wanted to execute the same after making certain corrections. Then according to her instructions, Arun Kumar got the will typed and thereafter it was approved by Ayodhya Bai which was readover in presence of all and on her acceptance she signed the will and thereafter Ashok Kumar and Arun Kumar signed it at her request. He has specicif

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