Hon’ble Sunil Ambwani, J.—The Testamentary Case No. 14 of 2005 was converted into Testamentary Suit No. 12 of 2006. It was decided ex-parte on 14.11.2005 granting ‘Letters of Administration’ to the plaintiff-Munni Lal Chaurasia of the estate of his brother late Chunni Lal Chaurasia with the will dated 21.12.2004 attached. The order was recalled on 27.4.2006 on the application of defendants.

2. Late Chunni Lal Chaurasia, son of late Shri Pancham Lal Chaurasia, R/o House No. 163/328 Mohalla Malakpura District Mahoba, died an unnatural death. He was a victim of crime and was murdered in his house at Mahoba on 15.1.2005. Shri Munni Lal Chaurasia-his real younger brother, resident of 332 Nai Basti Kydganj, Post Office Sadar, District Allahabad, filed this testamentary suit alleging that his deceased brother had executed a notarial will dated 21.12.2004 in his favour. The wife of the deceased had predeceased him on 6.9.2004. They had no issue. The deceased was the eldest amongst the four brothers. He loved and showered affection on the applicant as his son. Since the very beginning when their father died, the deceased took care of the plaintiff and got him married. The plaintiff was studied at Allahabad and served as a lecturer in Girls High School & College, Allahabad and was living at Allahabad. The deceased visited plaintiff very frequently. The plaintiff also visited Mahoba where the deceased was living, very often, and used to look after his brother; bhabhi and their properties.

3. The plaintiff alleged that he took care of the deceased, whenever he fell ill and was regularly checked up by the doctors at Allahabad. The deceased was very pleased with the plaintiff. The will was witnessed by Shri Vinay Kumar Verma and Ghanshyam Ji, who have filed their affidavits and have thereafter appeared as witnesses to prove the will, which was the last will of the deceased.

4. Notices were sent to Shri Dharamdas Chaurasia and Shri Shaym Lal Chaurasia, the other two brothers of the deceased. They filed their objections which were treated as written statement in the suit. In their objections dated 27.5.2006 and 31.7.2006, they have denied the plaint allegations of love and affection between the plaintiff and the deceased. It is stated that the plaintiff was permanently residing at Allahabad and that he rarely visited Mahoba. He had no interest at Mahoba. He was not at all associated with the deceased and that the deceased never visited the plaintiff at Allahabad. The deceased always lived at Mahoba with his wife and was always treated by the doctors at Mahoba. The alleged will was never executed by the deceased. The witnesses of the will were very closely associated with the plaintiff and that their affidavits are false. The deceased never made any request to the Cooperative Bank to make the plaintiff as his co-account holder and it appears that he has manipulated the letter of request by the deceased. It is further alleged in para 14 to 15, 20 and 23 that the plaintiff shifted to Allahabad long ago, and is residing at Allahabad with his family. He had no agricultural property or any other interest at Mahoba and so he rarely visited Mahoba. The deceased had great love and affection for his brother Shri Shyam Lal Chaurasia and his family and Dharam Das Chaurasia-defendants. The deceased was very much pleased with Shri Shyam Lal Chaurasia due to services rendered by him and had great love and affection for him. The deceased had openly stated in the presence of the family members that he will give his property to the objector Shyam Lal Chaurasia. The deceased was residing with the plaintiff, who was looking after him during his illness. The plaintiff was in a dominating position and misused his position to obtain unfair advantage for himself by fabricating the will. The consent was caused by coercion, undue influence, misrepresentation and by playing fraud on the deceased.

5. With the consent of parties following issues were framed on 24.8.2