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1970 Supreme(Ori) 13

G.K.MISRA
Rao and Sons – Appellant
Versus
Chandramoni Dei – Respondent


Advocates:
A. K. Rao (in C. R. No. 148 of 1968) and R. N. Sinha (in C. R. No. 198 of 1968),
for Petitioners; Sk. Rahenoma, for Opposite Party (in both the Nos.).

ORDER :- Iswar Lanka, the testator, died on 28-11-61 leaving behind a son Lingaraj and a daughter Saraju Kumari. Chandramoni is the wife of Lingaraj. Chandramoni filed an application on 20-10-65 before the District Judge, Cuttack in Miscellaneous Case No. 12 of 1965 (Probate) alleging therein that Iswar Lanka executed an unregistered Will in her favour on 15-6-61, whereunder the properties mentioned in schedule 'A' of the application were disposed of in her favour. Those properties covered a pucca double-storeyed building in Cuttack town and kutcha and pucca houses in village Kuspangi in Banki P. S. Any reference to the details of these properties would not be relevant. The main averment in the application was that Chandramoni was named as the executor of the Will which was executed by the testator out of his own freewill, without any coercion or inducement or threat by anybody, and that the testator was in a sound state of mind, health and understanding when he executed the will, and that the Will was duly executed. The deceased was said to have left, at the time of his death, two near relatives Lingaraj and Saraju Kumari. Chandramoni prayed for grant of a probate of the Will. By












































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