SIJAGURUMAYUM TOMBI SHARMA AND ORS. Vs. NINGTHOUJAM SANAJAOBA SINGH AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the order dt. 8.9.2009 passed by the learned District Judge, Manipur East, in 0riginal (Probate) Suit No. 2 of 1999. The appellants were opposite parties - 1 to 8 in the Probate proceeding before the learned District Judge.

(2.) THE case of the respondents, who filed the application u/s 276 of the Indian Succession Act, 1925 for grant of probate in respect of the Will dt. 2.3.1992 is that the testator Late S. Manihar Sharma was one of the Shebaits of the Deity namely, "Shri Sree Sree Radha Binodlal Debata." There were 3 other Shebaits apart from the Testator. A piece of homestead land over plot No. 1081(old)/2384(new) covered by CS dag No. 1780 covering an area of.1780 hectares in Village No. 85 Sagolgand, Imphal West stands recorded in the name of the Deity. The Shebaits are described as pattadars. In the capacity of a Shebait the Testator was managing and possessing a portion of the said patta land measuring 25 to south to north starting from the southern extreme portion, 110' east to west starting from eastern boundary of the said patta land. The Testator executed the Will on 2.3.1992 bequeathing his right and interest over the land as Shebait in favour of his daughter, S. Sadhana Devi in presence of other witnesses. The respondent and one Sanajaoba were appointed as Executors. The said Will was registered before the Sub Registrar, HQ Imphal. The Testator died on 30.7.1992 and consequently after his death the respondent filed an application before the learned District Judge u/s 276 of the Indian Succession Act 1925 for grant of probate in respect of the said registered Will.

(3.) ON the basis of the pleadings of the parties, the learned District Judge framed 5 issues. While answering the issue No. 1, it was held that Brajagopal Sharma, Tolen Sharma and Ibohal Sharma are the Shebaits of the Deity. After death of Tolen Sharma, the Testator succeeded and his name was recorded in the record of rights.