ARUN KUMAR Vs. DEV SHANKER

JUDGEMENT

(1.) This is an appeal under Section 299 of the Indian Succession Act. The dispute in the present appeal is confined to the question of validity of Will allegedly executed by Smt. Janak Dulari in favour of the present appellants Arun Kumar and Ballu. The contesting respondent is the daughter of Smt. Janak Dulari.

(2.) Ram Das had three wives. The name of the first wife is not relevant. His second wife was Smt. Ram Pyari and third wife was Smt. Janak Dulari. From Ram Pyari, the second wife a daughter Smt. Raj Dulari was born. The present appellants are the sons of Raj Dulari.

(3.) The present appellants filed a petition before the District Judge, Etawah for grant of probate of Will dated 21st January, 1981 executed by Smt. Janak Dulari in their favour.