SATISH CHANDER SABHARWAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of the Additional District Judge, Delhi in PC No 9/1999, whereby the learned Judge vide his order dated 6th March, 2000 has dismissed the petition of the appellants herein holding that the Will Ex. PW3/1, dated 6th November, 1990 was a suspicious document.

(2.) The brief facts of the case as has been noted by the Additional District Judge are as under : The facts of the above detailed reference petition dated 5th December, 1998 are these, Shri Shadi Lal Sabharwal had died on 13th November, 1990. The deceased executed a Will Ex.PW3/l, dated 6th November, 1990 registered on 8th November, 1990 in regard to his properties in favour of his wife Smt. Kailash Wanti, petitioner No. 2 and his son, Satish Chander Sabharwal, petitioner No. 1. As a matter of fact, he bequeathed life estate only, in favour of petitioner No. 2 in respect with two quarters bearing No. 129 and 130, Vasdev Nagar, Andha Mughal, Partap Nagar, Delhi - 110007. He bequeathed the above said two quarters as well as one shop bearing No. 1A, Qutab Road, Delhi - 6 functioning under the name and style of M/s Lok Seva Stores alongwith all the assets and liabilities over the above said properties in favour of his son, petitioner No.1 It is prayed that consequently, probate be issued in favour of the petitioners according to the Will.

(3.) Shri Krishan Lal Sabharwal and Smt. Shyama Kumari Juneja filed no objection/reply to the above said petition.