TILAK RAJ KAKKAR Vs. SHAMBHU NATH KAKKAR

JUDGEMENT

(1.) This is an appeal preferred by the appellant Tilak Raj Kakkar against the judgement dt. 11th Nov., 1971 passed by Shri R.N. Aggarwal then District and Sessions Judge, Delhi, (as his Lordship then was) whereby the petition of the petitioner appellant for the grant of probate in regard to the Will dt. 21st May, 1962 alleged to have been executed by his sister Smt. Ajaib Kaur alias Bimla Devi who died on 2nd Feb., 1968, was dismissed leaving the parties to bear their own costs.

(2.) Petitioner/appellant Tilak Raj Kakkar and respondent No. 1 Shambhu Nath Kakkar and respondent No. 2 Vishwa Nath Kakkar are all brothers. The originally impleaded respondent No. 4 Smt. Sumitra Devi was their mother whose name was struck off by the trial Court from the array of the respondents in the petition on 1st Nov., 1968 on account of her death during the pendency of the petition before the service therein.

(3.) The appellant Tilak Raj Kakkar went to England a few months after the alleged execution of the aforesaid will Ext. P-2 and during the case was represented by his Special Attorney Kamaljit Singh PW 3. Two witnesses Prem Nath Matik PW 1 and B. N. Sehgal PW 2 were also examined on behalf of the appellant and they made depositions for the purpose of proving the execution of the Will by the deceased Smt. Ajaib Kaur in their presence stating that Ajaib Kaur admitted the contents of the Will to be correct and put her signatures on both the pages of the same in their presence and they along with four others attested the Will at the same time in her presence. They also stated that the typed draft of the Will was brought in their presence by a lawyer.