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1967 Supreme(Online)(Guj) 7

GUJARAT HIGH COURT
S. H. Kapadia, J
Bai Zabu Khima v. Amardas Balakdas


Advocates:
For the Appellants/Petitioners: Mr. Padia
For the Respondents: None

Table of Content
1. application for letters of administration due to contested will. (Para 1)
2. contestation of the jurisdiction and nature of property in question. (Para 2 , 3)
3. burden of proof rests on propounding party for establishing validity of will. (Para 4)
4. court procedure for evidence in contentious cases stresses necessity of oral testimony. (Para 5)
5. final dismissal of appeal based on sustained validity of lower court's order. (Para 6)

1. This appeal arises out of an application made by the applicant as the universal legatee of the estate of one Bechar Dunger alias Maharaj Balakdasji (hereinafter referred to as the deceased) for obtaining letters of administration with a copy of the will annexed. The deceased was originally a resident of Khoda and was carrying on worship of his Thakorji at that place. In Samvat Year 1979 he purchased land bearing Plot No. 98 admeasuring 2,000 square yards at Jorawarnagar and built a temple on the said land and installed the image of his Thakorji in the said temple. He thereafter shifted to Jorawarnagar and performed the worship of Thakorji and managed and looked after the temple. One Sadhu named Maharaj Shri Karsandasji gave him a 'Kan








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