BHAGAT RAM Vs. SURESH

JUDGEMENT

(1.) Bhagat Ram and Chhaju Ram, the appellants, are the sons of late Mast Ram. Muni Devi, respondent No. 3, is the widow of late Mast Ram. It is not clear whether the two appellants were born to Mast Ram from Muni Devi or he had another wife too, but that is not very material for the present case. Suresh and Tilak Raj, respondent Nos. 1 and 2, are the purchasers of the suit property from Muni Devi.

(2.) On 16-5-1973, late Mast Ram executed a Will in favour of Muni Devi appointing her the sole heir of his property. The Will also states that the appellants have been living separately from Mast Ram for a period of 26-27 years prior to the date of the Will and they have been given other property proportionate with their share and as Muni Devi was residing with him and also serving him in his old age, he was appointing her the sole heir and successor of his property. The Will, as executed on 16-5-1973, bears the signature of Mast Ram and is attested by two witnesses namely Sanya Brahman and Kewal Ram Brahman who have respectively thumb-marked and signed the Will by way of attestation.

(3.) The Will was presented for registration on 21-5-1973. It appears that the registration of the Will was done on commission as the endorsement made by the Registrar of Deeds on the Will indicates that the Will was presented by the executant at 4.30 p.m. at his residence. Now commences the controversy.