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7. We will now proceed to examine the evidence on record to determine if the Present Will satisfies the above requirements. The scribe of the Will (P. W. 1) has stated:

"Annapurna told me to scribe her Will in such a manner that her brother, Lakhman Murty Raju would get all her properties, moveable and immovable ..... I wrote the will as desired by Annapurna. I read out the Will to her in presence of the witnesses. She accepted the writing. She was illiterate. So she executed the Will through my pen. Her execution was in the presence of witnesses who thereafter signed in the presence of the executant, Annapurna. She executed the Will in full sense knowing the contents of the Will. This is that Will, marked Ex. E".

From this, it is clear that Annapurna was in full possession of her senses and was fully aware of the contents of the Will. The scribe signed it in her presence and by her direction and the witnesses attested the same.

8. Magta Kanei (P. W. 2), an attesting witness to the Will, has stated that he and other Bhadralogs were called to the house where Annapurna was living:

"There Annapurna told us that she wanted to execute a Will in favour of her brother Lakhman Murty in respect of all her properties ..... She asked P. W. 1 to write the Will. She was illiterate. She signed through the pen of the scribe. Myself, Hadi Sahu, Guna Sahu, Kanhei Chinta and Dinabandhu Sahu (P. W. 3) were witnesses to the Will. Annapurna executed the Will in presence of us, the witnesses and we witnesses also signed the Will in presence of Annapurna. I identified Annapurna before the Sub-Registrar. Annapurna was in full possession of her senses."

27. The facts are quite clear. The testatrix Annapurna Dei executed the Will at the house of her brother at Konaipur in Sompetra P. S. (now Andhra State) on the 13th October 1952. The Sub-Registrar was specially sent for and he came to the Blouse. The Will was scribed by P. W. 1 Durga Mahanti Dasanna who stated that he wrote the Will as desired by her, read it over to her in the presence of witnesses, that she accepted the writing and then she, being an illiterate woman, executed, the Will through his pen in the presence of witnesses who also signed the Will.

The two attesting witnesses, namely, P. W. 2 Mageta Kanei and P. W. 3 Dinabandhu Sahu supported the scribe by saying that he (the scribe) wrote it as desired by her that she signed the Will through the pen of the scribe and then they and other attesting witnesses also signed the Will in her presence. There is, however, a slight discrepancy between the evidence of P. Ws. 2 and 3 and that of P. W. 1 about the exact time when the Sub-Registrar arrived at the house of the brother of the testatrix, According to the scribe, P. W. 1 the Will was scribed at about 8 a.m. and the Sub-Registrar came at about 9-30 a.m. after the Will had been scribed. But P. Ws. 2 and 3 stated that the Sub-Registrar had arrived at the spot before the execution of the Will, and that it was executed' by the testatrix through the pen of P. W. 1 after his arrival. P. W. 2 further clarified it by saving in cross-examination, that the attesting witnesses signed the Will in the presence of the Sub-Registrar, that the execution of the Will by the testatrix through the pen of the scribe also took place in the presence, and that it was the Sub-Registrar who was telling the persons, present there, that a good number of persons should attest the Will, He further stated that the Sub-Registrar then took the thumb impression of Annapurna on the Will and completed the registration. The slight discrepancy between the evidence of P. Ws. 2 and 3 about the exact time of arrival of the Sub-Registrar should not be made much of in view of the fact that the witnesses were deposing four years after the incident. A fair inference from the evidence of P. Ws. 1, 2 and 3 would therefore be that though the scribing of the Will commenced before the arrival of the Sub-Registrar, he had reached the house of the testatrix before it was completed, and that as the testatrix was illiterate the scribe, as authorised by her, executed it on her behalf through his pen. The attesting witnesses also signed the Will in her presence and then the Sub-Registrar took her thumb impression and completed the registration also in her presence. The whole thing took place in one sitting when all the necessary parties, namely the executrix, the scribe, the attesting witnesses and the Sub-Registrar were present at the house.