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2017 Supreme(All) 1800

MAHENDRA DAYAL
CHHOTEY LAL – Appellant
Versus
RAM NARESH SINGH – Respondent


Advocates:
Counsel :
A.P. Singh Gaur, Ankit Srivastava, Pramod Kumar Khare and Prashant Singh Gaur for the Appellants; Kripa Shankar Rai, Sidharth Dhaon, Smt. Pramila D. Misra, Virendra Misra and Vishwajeet Rai for the Respondents.

JUDGMENT

Hon’ble Mahendra Dayal, J.—Both the aforesaid first appeals from order have been filed against the same Judgment and order dated 21.12.2015 passed by the Additional District Judge, Court No. 1, Lucknow in Miscellaneous Case No. 512 of 1995 whereby the Letter of Administration in respect of the Will dated 2.1.1995 executed by Late Smt. Maiki, was issued to the respondent Ram Naresh Singh. The controversy involved in both the appeals is simillar, therefore, both the appeals are being decided together by a common judgment.

2. The brief facts of the case are that Late Smt. Maiki, widow of Chheda was the owner and bhumidhar of the land in dispute. It is an admitted fact between the parties that she was issue less and her husband Chheda had predeceased her. The application for grant of Letter of Administration under Section 278 of the Indian Succession Act was filed by the respondent Ram Naresh Singh with the averments that Smt. Maiki executed a Will of her movable and immovable propterty including the agricultural land in his favour of Ram Naresh Singh. It was also said that Sita Ram and Rama had signed the Will as attesting witnesses. Smt. Maiki died on 5.1.1995. When the appli









































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