Om Parkash, J.C. - (1.)This appeal has arisen out of an application, filed by the appellants, under Section 276, Indian Succession Act, for the grant of probate of a will, alleged to have been executed by Jhantu. on the 27th October, 1961, bequeathing his landed property, in favour of the appellants.
(2.)The application was contested by the respondent, the widow of Jhantu. The respondent pleaded that the alleged will was not a will but was a mere declaration of successors, that Jhantu was not of a sound disposing mind at the time of the execution of the will, that the disposition made in the will was unnatural, as she, the only legal heir of Jhantu was entirely excluded from his property and that the bequest, made, which consisted of Jhantu's occupancy-tenancy only was void in view of the provisions of Section 68 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act. The respondent, further, pleaded that the will was got executed under undue influence, coercion and fraud.
(3.)The learned District Judge held that the alleged will, Ex. PW-l/A. was not a will but was a mere declaration of descendants, that Jhantu was not of a sound disposing mind at the time of the execution of the will, that the bequest made, contravened the provisions of Section 68 of the Himaehal Pradesh Abolition of Big Landed Estates and Land Reforms Act, arid was void and that, there was no cogent evidence that the will was got executed through undue influence, coercion or fraud. In view of his findings, the learned District Judge refused to grant probate and dismissed the application of the appellants who have come up in appeal.