BHAGWAN KRISHAN GUPTA Vs. PRABHA GUPTA

JUDGEMENT

(1.) THE appellant herein is son of late Mr. Murari Lal Gupta, who expired in the year 1986. The respondents in the present appeal are his brothers and sisters i.e. other children of late Mr. Murari Lal Gupta and children of late Mr. Girdhari Lal Gupta. Mr. Girdhari Lal Gupta was brother of late Mr. Murari Lal Gupta, who expired in the year 1966.

(2.) MR . Murari Lal Gupta had executed a will dated 30th November, 1984. The will is not disputed by any of the parties including the appellant. What is subject matter of consideration in this appeal and as adjudicated by the impugned order dated 23rd March, 2006 passed by the learned Single Judge, are paragraphs 3 and 8 of the aforesaid will, which for the sake of convenience are reproduced below:

(3.) THE respondents herein including the three brothers of the appellant (other three sons of late Mr. Murari Lal Gupta) have opposed the present appeal. They have drawn our attention to the will and it is submitted that the intention of the testator was to admit that both he and his brother late Mr. Girdhari Lal Gupta were equal owners of the property and as per the terms of oral family settlement, ground floor had fallen in share of Mr. Murari Lal Gupta and the first floor had fallen in share of late Mr. Girdhari Lal Gupta. Accordingly, the learned Single Judge had rightly interpreted the will and held that the barsati floor should be equally divided between the two families i.e. the four brothers of late Mr. Murari Lal Gupta and the children of late Mr. Girdhari Lal Gupta.