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2004 Supreme(Online)(All) 14

ALLAHABAD HIGH COURT
Tarun Agarwala, J.
Smt. Chandravasa Devi – Appellant
Versus
Smt. Duleshwari – Respondent


Advocates:
For the Appellants/Petitioners: Sri S. N. Singh
For the Respondents: Sri Sankatha Rai, Sri K.P.S. Yadav

1. The plaintiff filed a suit for the cancellation of the will dated 2-2-83 executed by Smt. Muneshwari Devi bequeathing the entire property, etc. in favour of the defendant Smt. Chandravasa Devi. The plaintiff Smt. Duleshwari and the defendant are real sisters and their mother is the person, who had executed the will. The plaintiff alleged that the property was owned by her father Basdeo, who died about 25 years ago and upon his death, the entire property was inherited by her mother, Smt. Muneshwari Devi. It was alleged that the plaintiff's mother was an illiterate, rustic and a pardahnashin lady and had died on 25-6-1983 at the age of 75 years. The plaintiff alleged that she used to stay with her mother from time to time in order to help her out in her household affairs. Between October 1982 to May 1983, the plaintiff could not visit her mother, as she herself, was unwell on account of a shooting pain in her stomach, which was later on, diagnosed as appendicitis. When she got well, she again came and stayed with her mother and looked after her. The plaintiff alleged that, ten days before her mother's death, she became unwell and at that time, she desired to execute a will in favo














































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