KAMLA DEVI Vs. STATE

JUDGEMENT

(1.) TEST. CAS. 48/2000 and I.A. No. 15216/2010 (under Section 151 CPC) This matter is on the Final Board of this Court since 12.11.2017, no one appears for the petitioner or the objector although it is 12 noon. I have therefore gone through the entire record and am proceeding to decide the case.

(2.) This testamentary case is filed by the petitioner Smt. Kamla Devi seeking probate of the Will dated 26.5.1995 said to be executed by one Sardar Gurcharan Singh Dhingra who expired at Delhi on 18.6.1995. At the time of his death the deceased Sardar Gurcharan Singh Dhingra was residing at SFS Flat no. 143, Hauz Khas, New Delhi. It is this Hauz Khas property which the petitioner claims has been bequeathed to her in terms of the Will dated 26.5.1995 of late Sardar Gurcharan Singh Dhingra. In terms of the facts which have emerged on record during the trial of this testamentary case admittedly the petitioner was a maid of the deceased Sardar Gurcharan Singh Dhingra and who also claimed to be a wife of Sardar Gurcharan Singh Dhingra but not only no evidence has been led of any marriage of the petitioner with Sardar Gurcharan Singh Dhingra but the fact of the matter is that the petitioner admits that she is the wife of Sh. Ram Chander and there was no divorce of the petitioner with Sh. Ram Chander.

(3.) The petition has been contested by the objector Smt. Inni Dhingra who is the wife of the son of deceased testator Sardar Gurcharan Singh Dhingra. As per the objections filed by Smt. Inni Dhingra the present petition is prayed to be dismissed on two counts. Firstly, it is argued that Sardar Gurcharan Singh Dhingra had executed his Will dated 5.4.1994 in favour of the objector with respect to the Hauz Khas flat and the objector has obtained letters of administration of the Will dated 5.4.1994 from the court of the District Judge of Delhi on 15.9.2000. The second ground for dismissal of the testamentary case is that it is pleaded that the Will dated 26.5.1995 propounded by the petitioner has been forged and fabricated by the petitioner.