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Daulat Ram & Ors vs Sodha & Ors on 16 November, 2004

Daulat Ram & Ors vs Sodha & Ors on 16 November, 2004
Author: Bhan
Bench: A Bhan, S Kapadia


Appeal (civil) 5032 of 2002

PETITIONER:Daulat Ram & Ors.


DATE OF JUDGMENT: 16/11/2004






This appeal, by grant of special leave, is directed against the judgment and order dated 26.9.2001 of a Single Judge of the High Court of Himachal Pradesh in Second Appeal No. 212 of 1995. The High Court by the impugned judgment has confirmed the judgment and decree passed by the first Appellate Court and decreed the suit filed by the Respondent No. 1.

Facts giving rise to this appeal, in short, are:

One Prati, son of Kamna, executed a Will on 11.01.1977 in favour of his nephews, appellants herein, bequeathing his entire property in their favour. In the Will no provision was made by Prati either for his wife Gulabo or for his daughter Sodha Respondent No. 1 herein from his another wife Radhi. This Will was duly executed, attested and registered. Thereafter, on 08.05.1983 Prati executed another Will wherein he revoked/cancelled his earlier Will dated 11.01.1977 and bequeathed his property to his daughter, Respondent No. 1. This Will was duly executed and attested but was not registered.

Prati died on 10.05.1983. After his death Respondent No. 1 filed Suit No. 102 of 1983 on 14.07.1983 for injunction restraining the appellants from interfering with her possession over the property of her deceased father claiming herself to be the owner in possession of the said property or in the alternative for possession thereof by virtue of Will executed in her favour dated 08.05.1983.

Appellants contested the suit denying that the Respondent No. 1 was the daughter of Prati. That the alleged Will propounded by the Respondent No. 1 was prepared in collusion with the scribe and the attesting witnesses. According to them Prati had died issueless. They propounded the Will dated 11.1.1977 executed by Prati wherein the entire property was bequeathed by him in their favour and claimed themselves to be the legal heirs and only successors to the estate of deceased Prati.

Trial Court dismissed the suit filed by the Respondent No. 1. It was held that she was not the daughter of Prati. That Prati did not execute any Will in favour of Respondent No. 1. It was further observed that the Will dated 11.01.1977 in favour of appellants was valid and by virtue of the same appellants were entitled to the estate left by Prati. Being aggrieved, Respondent No. 1 preferred civil appeal. First Appellate Court after reappraising the entire evidence set

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