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1956 Supreme(HP) 12

RAMABHADRAN
Durga Dutt – Appellant
Versus
Chandanu – Respondent


Advocates:
L.D. Verma, for Appellant; Paras Ram, for Respondent.

JUDGMENT :- This is an appeal by an unsuccessful caveator against the order of the Senior Sub Judge, Nahan (exercising powers of a District Judge under the Indian Succession Act) granting letters of Administration, with a copy of the will annexed, in favour of the respondent Chandanu.

2. Chandanu relied upon a registered will executed in his favour by Mst. Shankari on the 25th Baisakh 2005B. The caveator-appellant did not dispute the execution of the aforesaid will in favour of Chandanu. His case, on the other hand, was that the will in favour of Chandanu stood revoked by a subsequent will executed by Mst. Shankari in favour of appellant and his brother Zalmu on 2-3-51. Therefore, the point for determination, before the court below, was whether the will relied upon by Chandanu had or had not been revoked by the alleged subsequent will in favour of Durga Dutt and Zalmu. The learned Senior Sub Judge came to the conclusion that the will relied upon by the appellant had not been properly attested as required by the provisions of S. 63, Succession Act. Consequently, he rejected the caveat and granted letters of administration in favour of Chandanu. Hence, this appeal.

3. When this appeal


























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