DINESH CHAND Vs. STATE OF DELHI

JUDGEMENT

(1.) This first appeal is against the order dated 17.3.2005 passed by learned Single Judge. The learned Single Judge had framed the following preliminary issue :-

(2.) The miscellaneous applications were also disposed of by the impugned order. The Single Bench held that the petition for grant of probate was not maintainable in view of the earlier judgment passed by the learned Civil Judge, about the validity and genuineness of the same Will, in another matter between the petitioner and respondent No.2.

(3.) Briefly the facts are that late Hari Shankar (the testator) was the uncle (i.e. father's brother) of the appellant-Dinesh Chand. Hari Shankar was married and had a daughter who was also married. Wife of Hari Shankar was living separately for eight years and this fact has been mentioned in the Will. In the Will it is also mentioned that his daughter (respondent No.2 herein) namely Smt. Kamlesh Devi was married and living happily with her family. It is submitted that the appellant herein is the son of real brother of Hari Shankar and had been looking after him and was also helping him in his business. Hari Shankar executed a Will on 30.7.1978 bequeathing all his properties including his shop situated in Khari Baoli, Delhi in favour of the appellant. He has mentioned in the Will that he had been looked after and was served by the appellant when he was in his old age and ill health. Hari Shankar divested his wife and his daughter from his properties. Hari Shankar expired on 15.8.1978. The appellant continued to do the business from the said shop The Will was drawn by Sh. P.S. Gupta, Advocate and witnessed by two attesting witnesses namely Ganga Saran and Budh Lal.