SITA KASHYAP Vs. HARBANS KASHYAP AND ORS.

JUDGEMENT

(1.) This appeal is preferred against the order of a learned single judge which disregarded a Will propounded by Benu Puri. She complains that the impugned judgment is in error because the Will of late Sita Kashyap (the testatrix, her maternal aunt) had been proved in accordance with law.

(2.) The antecedents material to this appeal at hand concern a partition suit, where the plaintiffs were two sisters,(Sita Kashyap and Leela Puri). The defendants arrayed were Harbans Kashyap (brother) and the legal representatives (LRs) of their deceased brother Jagdish Chander Kashyap. A preliminary decree of partition of property No. 5A, Guru Gobind Singh Marg, New Rohtak Road, Karol Bagh, New Delhi was passed by a learned single judge of this court on 10.05.2007, holding each party (i.e the two sisters each and their two brothers) having one-fourth undivided share in this property. Subsequently, a final decree of partition was passed on 19.11.2007, directing sale of the said property by public auction; the parties entitled to bid therein to the exclusion of their shares.

(3.) After the final decree, Sita Kashyap died and the applicant Benu Puri, who is the daughter of Leela Kashyap sought substitution in her (Sita Kashuyap's) place on the basis of a Will dated 14.06.2004. The defendants disputed the said Will. The applicant/Appellant Benu Puri examined herself as PW1 and relied on the testimonies of two witnesses Vaneeta Kapoor,(PW2) and Mr. Naveen Kumar Jaggi, (PW- 3, who drafted the said Will). Harbans Kashyap the first defendant examined himself as D1/W1. No evidence was led by the second and third defendants (LRs of deceased brother Jagdish Chander Kashyap).