Orissa Court July 1968 Judgments

Govinda Chandra Das and anr. Vs. Harani Dei

Court: Orissa

Reported in: AIR1968Ori228

Patra, J.1. This is an appeal against the order of the First Additional District Judge, Cuttack rejecting an application filed by the plaintiffs-appellants for granting to them probate of a Will dated 31-3-54 alleged to have been executed in their favour by one Jai Das, who died on 28th of April, 1957. Admittedly Jai Das left surviving him no issue excepting his daughter Harani Dei, the respondent. The appellants admittedly are the great grandsons of Shyama, the paternal uncle of deceased Jai Das. The genuineness of the Will was disputed by the respondent. The learned Court below held that the appellants failed to establish the genuineness of the Will and rejected their application. It is the case of the appellants that Jai Das duly executed the Will Ext. 1 dated 31-3-54 and bequeathed thereunder only one acre of land to his daughter and rest of the properties to the plaintiffs-appellants. According to the plaintiffs Jai Das did so because the plaintiffs had promised to perform his obs...