RAM GOPAL Vs. HORI LAL

JUDGEMENT

(1.) Both these appeals arise out of one common judgment of the First Appellate Court. One of these appeal has been filed by the plaintiff and the other filed by the defendant. Both the appeals are being decided under one common judgment.

(2.) Mohan issueless son of Duli Chand predeceased his father, therefore, properties possessed by Duli Chand devolved upon Poosey @ Khem Karan and Doodh Raj in equal share i.e., half share each Doodh Raj executed a gift deed in 1893 certain portion of joint Hindu property in favour of Moola, his daughter. Moola did not have any male child therefore, property possessed by her was inherited by her daughter Roopania. So far as the other branch of male antecedents is concerned, Poosey @ Khem Karan had only one son, namely, Pooran Mal and Pooran Mal in turn also had only one son namely, Kalyan Das, Kalyan Das is stated to have purchased the property which was gifted to Moola by her father Doodhraj from Roopania vide Sale deed dated 19th March, 1915, Kalyan Das is stated to have executed a Will of the entire property possessed by him on 19th August, 1965 in favour of one of his son's wife, namely Smt. Lilawati. In the Will deed, it is mentioned that the property which is being bequeathed in favour of Lilawati was self acquired property of Kalyan Das and the share which he had in the undivided joint Hindu family property.

(3.) The Will deed dated 19.8.1965 was subjected to challenge by grand son of Kalyan Das, namely, Narain Das and his wife Ganga Devi by means of Original Suit No. 65 of 1969.