HARISH CHANDRA SAHU Vs. BASANT KUMAR SAHU
HIGH COURT OF ORISSA
HARISH CHANDRA SAHU
BASANT KUMAR SAHU
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(1.) THIS is an appeal against the judgment of the Subordinate Judge, Balasore dismissing an application filed by the appellants under Section 276 of the Indian succession Act praying for granting to them probate of the Will dated 21-1-1961 alleged to have been executed in their favour by one Krushnamoni Sahu. Krushnamoni Sahu was the widow of one Kailas. Appellant No. 2 Snehalata is the daughter of Kailas and appellant No. 1 Harischandra is the husband of Snehalata. Kailas had a son Baidyanath who predeceased him. The Respondents are two sons and the daughter of Baidyanath. Krushnamoni died on 23-5-1962 in Balasore hospital. It is the case of the appellants that more than a year before her death she had executed the disputed Will Ext. 1 under which she had bequeathed her entire interest which she had described as 1/3rd in favour of the appellants. Admittedly, no disposition was made in favour of the respondents. . The respondents in their written statement contended that the testator was an illiterate and rustic lady and was continuously ailing for two years before her death and on that account had lost her balance of mind. Appellant No. 1 who was looking after properties after the death of her husband, had apparently managed to take the thumb impression of Krushnamoni on some blank papers and had fabricated the alleged Will thereon. According to the defendants, therefore, the Will is a forged one and was never executed by Krushnamoni.
(2.) IN support of the application, the appellant No. 1 examined himself and two other witnesses, namely, one of the attestors and the scribe of Ext. 1. The other attestor was admittedly dead by the time the suit was tried. The respondents examined two witnesses on their behalf.
(3.) AFTER considering the evidence on record the learned Subordinate Judge held that appellant No. 1 after obtaining thumb marks of Krushnamoni on some plain papers had fabricated the alleged Will after her death and obtained the signature of the attestors thereon. In view of this finding he dismissed the application.;
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