S.K.MAL LODHA, J. - (1.) THIS appeal by Smt. Govindi Bai has been filed under Section 299 of the Indian Succession Act (No. XXXIX of 1925) (here in after referred to as 'the Act') against the order dated January 31, 1972 of the District Judge, Pratapgarh, by which, he allowed the petition of respondent No. 1 Purshottam Lal for the grant of probate in respect of the will dated August 17, 1934 which was registered on August 20, 1934.
(2.) MADANLAL (deceased) executed a will in favour of Purshottamlal (petitioner) on August 19, 1934. The will was got registered on August 20, 1934. Madanlal died on August 17, 1944. It was averred by the petitioner -respondent No. 1 that the probate of the will dated August 17, 1934 may be granted to him as he wants to obtain the possession of the house left by the deceased testator Madanlal. The house is situate in Mohalla Gopalganj, Partapgarh. Smt. Govindi Bai (appellant) and Smt. Sunder Devi contested the petition. It was alleged by them that no will was executed by Madanlal in favour of the petitioner. The house which was bequeathed to the petitioner, remained in possession of Smt. Dolatbai until October, 1966. After the death of Smt. Dolatbai, the house came in possession of Smt. Govindi Bai and since then, she has been in continuous possession of it. Smt. Dolat Bai is said to have executed a will in favour of Smt. Govindi Bai and it was in pursuance of that will that she came in possession of the house. The learned District Judge framed two'issues inclusive of the relief, which, when translated into English, read as under: (1) Whether Madanlal Mukhiya had executed a will in favour of Purshottom Lal on August 17, 1934 and got in registered? (2) Relief? The learned District Judge, after considering the evidence of the parties, held that it was proved that Madanlal executed the will(sic) (Ex. 1) in favour of Purshottam Lai and that it was his last will. It was also found by him that at the time of the execution of the will, the deceased testator was of sound mind and knew the consequences of his act. He, therefore granted probate to the petitioner in respect of the will dated August 17, 1934. Aggrieved, Smt. Govindi Bai has filed this appeal.
(3.) APPELLANT Smt. Govindi Bai died on May 1, 1980 and respondent No. 2 Smt. Sunder Bai has also died. Smt. Madhu BaJa was impleaded as appellant in place of Smt. Govindi Bai. The name of respondent No. 2 Sunder Devi was struck off vide court's order dated April 12, 1973. The other respondents besides the petitioner Purshottam Lai are Smt. Anasuiya Bai, Smt. Hem Kanwar and Smt. Nirmala Bai.;