SHYAM LAL Vs. SUNDER LAL

JUDGEMENT

(1.) This appeal has been filed impugning order dated 7th April, 2012 by which a decree for partition was passed in respect of the suit property bearing no.52/68, Gali No.20, Nai Basti, Anand Parbat, New Delhi (hereinafter, 'suit property'). Appellant and the two Respondents are brothers. The suit property was bequeathed to the three sons of Late Shri Panchu Ram vide registered Will dated 8th October, 1985. By the said registered Will, Late Shri Panchu Ram had debarred the four sisters from any share in the suit property and bequeathed the suit property in favour of his three sons.

(2.) The suit property is stated to have been tenanted to several tenants over the years and proceedings were initiated by the brothers against such tenants. In one of the proceedings, the Appellant's wife Smt Bimla, who was the attorney holder therein, had filed pleadings and affidavits confirming the existence of Will dated 8th October, 1985 and mutation of the suit property as per the said Will on 17th May, 1991. Smt. Bimla, who is the Power of Attorney of the Appellant herein, had filed evidence by way of affidavit in Madan Lal v. Sarbwati to the following effect:

(3.) In her cross-examination in the said matter, she deposed as under: