KIKIBEN Vs. BALVANTLAL SHIVLAL

JUDGEMENT

(1.) Application for substitution is allowed.

(2.) These appeals are preferred against the common judgment and order of the Gujarat High court in First Appeal Nos. 387/77 and 388/77 dated 12/10/1984. The appellants are the defendants in the original suit. The respondents-plaintiffs preferred special civil suits 131/74 and 132/74 for enforcement of a testamentary term in their favour and against the appellants (defendants) herein. The suits were decreed on 31/1/1977.

(3.) The case of the appellants (defendants) was that the property in dispute belonged to their father one Harkishandas who became the sole owner of the property in the year 1946. The said Harkishandas executed a will on 30/11/1954 giving life interest to his wife and absolute interest in favour of his brother. Harkishandas died on 1 1/2/1959. It is stated that after the death of Harkishandas the will was probated jointly by the widow of Harkishandas (mother of the appellants) and brother of Harkishandas as Executors under the will. After the death of the widow in the year 1967 disputes have arisen.