RAJ NAVINDER PAL Vs. STATE OF DELHI

JUDGEMENT

(1.) By this order I propose to decide preliminary issues raised in the written statement by defendant about maintainability of the suit.

(2.) A Probate Petition (later converted into civil suit) was filed by the plaintiff under Section 276 read with Section 278 of The Indian Succession Act for grant of probate to the Will of late Smt. Damodar Devi.

(3.) Plaintiff pleaded that Smt. Damodar Devi had executed a registered Will on 24.11.1969 vide registration no. 555 in Additional Book No.3. Vol. 23 pages 99-100. Smt. Damodar Devi died on 6th August, 1971. As per her aforesaid Will she bequeathed property no. 17 A/34 W.E.A. Karol Bagh, New Delhi unto defendants no. 2 and 3 jointly and a plot of land no. 3, Siri Fort Road, Masjid Moth, New Delhi unto the plaintiff exclusively.