K L MALHOTRA Vs. SUDERSHAN KUMARI

JUDGEMENT

(1.) ON 20. 03. 2008 the matter was reserved for judgment. On the said date, appellants were directed to file written submissions within a week. Respondent was granted a week's time to respond. I waited till 31. 03. 2008 for the written submissions to be filed by the appellant. Unfortunately, appellant has chosen not to file the written submissions therefore I have no option but to decide the present appeal with reference to the grounds urged in the memorandum of appeal which alone were projected at the hearing.

(2.) THE question involved in the appeal is whether the finding returned by the learned trial court that the will dated 17. 04. 1973 Ex. PW1/1 is the last legal and valid testament executed by the Late Smt Mela Devi @ Iqbal Devi is correct.

(3.) SMT. Mela Devi @ Iqbal Devi (hereinafter referred to as the testatrix) died on 10. 02. 1987 leaving behind her two married daughters namely smt. Sudershan Kumari Handa and Smt. Pushpa as her heirs.