SEEMA Vs. SH. SURENDER KUMAR

JUDGEMENT

(1.) IN this proceeding, review of the order dated 02.09.2008 is sought. By that judgment and order, the Court had issued a preliminary decree, dividing the suit properties into five equal shares. The plaintiffs and the contesting defendants were held entitled to one-fifth share each.

(2.) THE plaintiffs and the first defendant were children of late Dal Chand, who died on 23.01.1987, leaving behind a registered Will by which the properties were bequeathed to his widow Kalawati. The estate comprised of two plots. On 27.03.2006, Kalawati died. The Court noticed that in the common Written Statement by the first defendant, (i.e. one of the sons of Kalawati, and brother of plaintiffs), and the second defendant, (the first defendant's wife), it was stated as follows :-

(3.) IT is urged that the Review Petitioners became aware of a document executed by late Kalawati, styled as a "Declaration", dated 08.06.2005; a copy of the same has been produced as Annexure-2 to the Review Petition. A translation has also been filed. The Review Petitioners particularly rely upon the following contents of the said document :