DAULAT RAM Vs. SODHA

JUDGEMENT

(1.) 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.

(2.) Facts giving rise to this appeal, in short, are : one Prati, son of Kamna, executed a Will on 11.1. 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 8.5.1983 Prati executed another will wherein he revoked/cancelled his earlier will dated 11.1. 1977 and bequeathed his property to his daughter, Respondent No. 1. This will was duly executed and attested but was not registered.

(3.) Prati died on 10. 5.1983. After his death Respondent No. 1 filed Suit No. 102 of 1983 on 14.7.1983 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 there of by virtue of Will executed in her favour dated 8.5.1983.