- (1.)THE appellants had filed a suit challenging the Will, executed by Kesho, in favour of his minor son Churaman. The Will was executed on 16.3.1980. The appellants claimed that in case the Will is declared void, they shall get one -seventh share in the suit land. Therefore, the only question is whether the Will executed by the Kesho has been duly proved to the satisfaction of this Court. Both the Courts below have held in favour of the respondents that the Will has been proved and it has also been held that Kesho was of sound disposing mind at the time of execution of the Will. I have gone through the evidence on record. I find from the evidence of Kewal Bai, DW 1, who is one of the wives of Kesho, to the effect that Kesho was residing at Borgaon. He came to Multai for execution of the Will. Her evidence is also supported by Kaliram, DW 2 and Tenu, DW 3. So far as Kaliram, DW 2 is concerned, he has stated clearly that he was one of the attesting witnesses of Ex. D 1, the Will. He had proved the execution of the Will to the effect that Kesho had signed the Will in his presence and, thereafter, he had appended his signature as an attesting witness alongwith Tenu, DW 3. Tenu, DW 3 also stated that Kesho had signed the Will in his presence at Multai. Thus, the execution of the Will has been proved. All the three witnesses, examined by the respondents, state that Kesho was unwell. All that they have said is that Kesho was old. They have denied the suggestion that Kesho was not in the state of sound disposing mind, in cross -examination. So far as the evidence led by the appellants is concerned, there is a vague suggestion in the testimony of Poonjibai, PW 1 that Kesho was very ill. He was unable to identify anyone, but in cross -examination, she was unable to say how Kesho was being treated for his illness. In paragraph 14, she specifically said that Kesho was only old, but she was not able to say from what disease he was suffering. All that she said is that he was very old. Similarly, the evidence of Brajlal, PW 2 that Kesho behaved like a mad person, therefore, he inferred that Kesho was ill. Similarly, the evidence of Natthya, PW 3 is of the same category. All that he says is that Kesho was talking to himself. It is common knowledge that old age affects persons but from the evidence of these witnesses it does not appear that Kesho did not understand what he was doing. This witness too does not know how Kesho was being treated during his illness and he denies any knowledge about the treatment. It appears that this witness cannot be relied upon. In view of this matter, there is no reasonable ground to hold that Kesho did not execute the Will in sound state of mind. After he executed the Will, in favour of his minor son Churaman, the appellants are the daughters of Kesho from his first wife. Naturally, they did not like that minor son of Kesho should be given the entire property and, therefore, they filed the suit. However, it is clear that Kesho wanted to make provision for his minor son Churaman, who was aged about thirteen years. at the time of his death and. therefore. he executed the Will.
(2.)FOR all the aforesaid reasons, there is no merit in this appeal. The appeal is, therefore, dismissed in limine.