BHAGYA WATI JAIN Vs. GENERAL PUBLIC

JUDGEMENT

(1.) RIVAL claims have been Preferred in this case with respect to the estate of Shri Amar Nath Jain who died on 25-8-1983 leaving behind the properties mainly at Ambala and Bombay. The facts giving rise to the filing of the present appeal are that the Appellants filed a petition under Section 278 of the Indian Succession Act, 1925 (hereinafter to be referred to as the 'act') for the grant Letters of Administration with respect to Will allegedly executed by Shri Amar Nath Jain, deceased, on 19-8-1983. It was contended that the deceased had left two wives, three sons and five daughters and that Smt. Bhagya Wall Jain was his second wife. The Will was sought to be lying with Shri B. N. Sehgal, Advocate, Ludhiana. It was claimed to be the last Will and testament of the deceased executed in the presence of the witnesses. The first wife of the deceased Smt. Maya Wati Jain, her daughters and mother of Shri Amar Nath Jain contested the petition denying the execution of the Will which was stated to be a fabricated document. It was alternatively pleaded that Shri Amar Nath Jain was not in disposing mind at the time of the alleged execution of the. Will as he was stated to be under the influence of strong narcotic and sedative drugs. After the death of Shri Amar Nath Jain, Smt. Bhagyawati Jain, his alleged second wife, is stated to have entered into an agreement on her on behalf and in behalf of her three son's acknowledging therein that the Will allegedly executed by the deceased was invalid and be cancelled. It was further agreed that the parties will divide the property left by the deceased among themselves by mutual agreement. The execution of the said agreement was vehementally denied by the appellants herein.

(2.) ON the pleadings of the parties, the following issues were framed:

(3.) IN order to prove their case, the appellants produced Shri B. N. Sehgal, Advocate, Shri Baljit Singh, Advocate, Smt. Avtar Kaur, Advocate, Notary Public, Smt. Bhagyawati Jain, Shri Jagan Nath Jain, Shri Amarjit Singh Bhan, Shri K. N. Prasad, Shri Swaran Singh and Shri Bahadur Singh as PWs. and relied upon various documents proved and executed at the trial of the case.