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1991 Supreme(MP) 163

T.N.SINGH
Nathan Singh – Appellant
Versus
Jagannath Singh – Respondent


Advocates:
S.K. Jain for appellant; K.B. Chaturvedi for respondent.

ORDER

Dr. T.N. Singh, J. -- 1. This ommon order disposes of two appeals preferred by the propounder of a will of deceased Maharaj Singh, said to be executed on 19.9.1968. He has preferred two separate appeals (namely, M.A. No. 118 of 1985 and M.A. No. 123 of 1985) because not only his will was not probated, his objection was rejected in regard to the will dated 5.10.58 propounded by respondent Jagannath Singh in respect to which the Court below has granted probate to the said respondent.

2. Maharaj Singh's date of death is not disputed. What also was not disputed in his objection by the present appellant in the Court below is that respondent Jagannath Singh was son of deceased Maharaj Singh. In his objection filed in Probate Case No.2 of 1982, registered for probating the will propounded by respondent Jagannath Singh, the only objection made was that will dated 5.10.1958, executed by Maharaj Singh was not his last will and that on 18•.11.1956, the deceased had not executed any will. He also stated that on 19.9.1968, Maharaj Singh had executed a will in favour of the objectors Natthan Singh and Amar Singh who were cousin-brothers of the deceased. By the last will, earlier will dated 5




















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