Sunil Ambwani, J. - (1.) THE application registered as Testamentary Case No. 12 of 2000 was contested by the widow and her two daughters and was thus converted and registered as suit.
(2.) THE plaintiff Raja Ram son of Sukh Lal, is the son of the daughter of elder brother of the deceased Shri Kisun Lal, who died at village Dhanuha, Post Rampur, District Jaunpur on 17.1.1994. The plaintiff has prayed for grant of probate of the will dated 9.1.1994 executed by the deceased. The unregistered will is witnessed by Shri Radhey Shyam Dubey son of Sri Sobh Nath Dubey, and Shri Sallah alias San Mohammad. It is alleged that by this will dated 9.1.1994 the deceased cancelled his earlier registered will dated 9.2.1993 in favour of his second wife Smt. Phool Kumari and their daughters. The recitals in the will state that the deceased had entered into second marriage after his first wife died. He had a daughter from first wife and two daughters from second wife. He had no son and was living with Sukh Lal, son of his real brother at Mauja Dhanuha. His brother's family had looked after him, his farms and his treatment and that he is happy with them. He further states in the alleged will that he is not well and it is not possible for him to reach upto the Registrar's office and thus he has called the scribe at his residence and has executed the will in favour of Raja Ram @ Guddu son of Sukh Lal resident of Dhanuha, who shall be owner and entitled to possess and to get his name mutated over all his properties. The schedule of properties, includes three houses valued at Rs. 2 lacs.
(3.) IN the counter affidavit/ objections filed by Smt. Phool Kumari, the widow of the deceased she has denied the execution of the will. She alleges the will to be a forged document prepared by the petitioner to usurp the estate of the deceased and that no such will was executed by the deceased. The deceased had executed a will on 9.2.1993 as his last will by which he bequeathed his entire property to the objector. Shri Dilip Kumar, the younger brother of Sri Raja Ram has filed a suit No. 542 of 1994 against her and her daughters in the Court of Munsif Jaunpur claiming title to the property of Late Kisun Lal on the basis of a will dated 7.12.1993 in favour of Dilip Kumar.;