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2008 Supreme(All) 368

SHIV CHARAN
JAGDISH SINGH. – Appellant
Versus
DHANNA BAI – Respondent


Advocates:
Counsel :
K.K. Dubey for the Appellants; Harish Chandra Mishra for the Respondent.

JUDGMENT

Hon’ble Shiv Charan, J.—Heard Sri K.K. Dubey, learned counsel for the appellants and Sri Harish Chandra Mishra on the point of admission of the second appeal for hearing and I have also perused the judgments of the Courts below and other documents filed by the parties. From perusal of the documents shows that the appellants instituted O.S. No. 430 of 1986 for cancellation of the will dated 17.4.1986 executed by Pancham Singh in favour of defendant Smt. Dhanna Bai. It has been alleged in the plaint that plaintiffs are sons and widow of Pancham Singh. That Pancham Singh inherited the property situated at Nandpura and Orchcha. That Pancham is used to visit Jhansi in order to look after the property situated in Jhansi and he engaged the defendant Smt. Dhanna Bai for domestic purposes for cleaning of the house etc. That Pancham Singh was suffering from cancer and he was weak and frail and mentally not sound. He remained hospitalized for treatment. As the defendant was looking after Pancham Singh. Hence taking the absence of appellant she got executed a will in her favour on 17.4.1986 and this will was also registered. But as Pancham Singh was not in fit state of mind and there w










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