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2. The Will, proceeds with the statement that the deceased is old and weak and is unable to look after the agriculture farm, the related affairs and travel. He has six daughters and five sons. All his daughters are married in prosperous families where they are happy; that he wants to make an arrangement of his movable and immovable properties, and is thus making bequest in favour of his five sons, with the condition that he will be the owner of all his movable and immovable properties during his lifetime, and that after his death his five sons will be the owners and will be entitled to get their names mutated and to pay land revenue and other dues; and further that the deceased has not made any other Will registered or unregistered in favour of any other person. The Will was written by Shri Paras Nath Yadav, ' Vasikanavis' Ballia on 17.1.1991, and is witnessed by Shri Paras Muni Pandey son of late Shri Mahendra Pandey and Shri Krishna Chandra Dubey, Advocate, Civil Court, Ballia.

18. Shri Krishna Chandra Dubey, the attesting witness of the Will dated 17.1.1991 was examined as PW-2. He stated that he knew Shri Jawahir Singh since 1986. Shri Jawahir Singh was living in Maniyar Town Area and was temporarily residing at city Harpur and Ballia. He lived at a short distance after about 30 to 40 houses from the house of Shri Jawahir Singh. He is an Advocate and practicing at Civil Court at Ballia. Shri Jawahir Singh used to live with his wife Smt. Tami Devi and sons. The Will was written on 17.1.1991 at about 3.30 p.m. in his presence and in the presence of Paras Muni Pandey and other attesting witness Shri Santosh Kumar Singh in the Registrar Office at Ballia. Shri Jawahir Singh had dictated and that Shri Paras Nath Yadav had written the Will. Shri Jawahir Singh has signed the Will in his presence and, thereafter, in the Registrar Office in Civil Court at Ballia. At that time Tami Devi, Paras Muni Pandey and Santosh Kumar Singh were also present. Shri Jawahir Singh signed before the Asstt. Registrar. The Will was then signed by Paras Muni Pandey, Santosh Kumar Singh and the witness himself. The witness identified the document (A-52) as the same Will, which was signed by Shri Jawahir Singh before the Registrar and identified the signatures of Shri Jawahir Singh, Paras Muni Pandey and his own signatures.

19. Shri Krishna Chandra Dubey, PW-2 further stated that Shri Jawahir Singh had married twice. He had five sons and six daughters. Shri Jawahir Singh told him that he wants to execute a Will so that his daughters may not create any dispute. Shri Jawahir Singh was in good health when he had signed the Will. The Will was not signed under any coercion. His wife Tami Devi and sons were looking after him during his illness and at the end of his life. He was the counsel for Shri Jawahir Singh in about three cases. There are three witnesses to the Will namely Paras Muni Pandey, Santosh Kumar Singh and Krishna Chandra Dubey. Shri Jawahir Singh died on 15.7.1993 at Benaras. The witness was not present at Benaras and stated that he came to know of it from others that Tami Devi and sons were looking after Shri Jawahir Singh. In the cross examination the witness stated that he does not know the Pandit, who had performed the marriage of Jawahir Singh with Tami Devi. Shri Paras Nath Yadav sits at a distance of one and half furlong from the Registrar Office and that the Will (document No. A-52) was written on the seat of Shri Paras Nath Yadav.

21. PW-3 further stated that Shri Jawahir Singh had not consulted him or referred to any other Will and that in his knowledge it was the last Will executed by him. He was in litigation with Kamlesh Kumar Singh and Vijai Kumar Singh. Shri Jawahir Singh fell ill about 10 to 15 days before his death and was admitted at Shiv Prasad Gupta Hospital, Varanasi. The witness had visited him at Varanasi where the deceased was being looked after by his wife and five sons.

22. In the cross examination PW-3 admitted that he had not attended the second marriage of Shri Jawahir Singh and had known about it from the persons of the mohalla namely Vishwanath Singh, Gopal tiwari, Ram Nageena Tiwari and Sita Ram Singh. None of these persons are alive. On 16th the witness was called about four days before the execution of the Will and was told that the Will is to be executed and that he shall have to come to Kutchery. His wife Tami Devi, Krishna Chandra Dubey, Santosh Singh and five sons sitting outside the Registrar office. The basta of Paras Nath Yadav is one and half furlong of the Registrar office. He does not remember as to who had purchased the stamps. He reached Registrar office at 2 p.m. on 17th. Shri Jawahir Singh has singed the Will after reading it. Thereafter Shri Paras Nath Yadav also signed. Shri Jawahir Singh signed in the verandah outside the Registrar's office. Thereafter the witness and after him Santosh and Shri Krishna Chandra Dubey, Advocate signed on the Will. In further cross-examination the witness stated that Gopal Tiwari, the Purohit of Shri Jawahir Singh performed the marriage ceremony of Shri Jawahir Singh with Tami Devi. He was not present and therefore he cannot say whether saptpadi was performed. Jawahir Singh's first wife died in 1984. Before his death Shri Jawahir Singh was admitted in Shiv Prasad Gupta Hospital, Varanasi. On 12th in the morning he (the witness) had gone by Bhagirathi Express and came back on 13th. He does not know where the last rites were performed. He thereafter answered questions regarding photograph of the cremation ceremony and the litigation pending in the Court at Ballia.