PUSHPENDRA SINGH Vs. JAGDISH

JUDGEMENT

(1.) THIS appeal by defendants is directed against the judgment and decree dated 25/3/2010 in Civil Appeal No.46 -A/2008 confirming the judgment and decree dated 30/9/2008 in Civil Suit No.80 -A/2007.

(2.) PLAINTIFFS /respondents and defendant no.4 are real brothers and defendants no.18, 19 and 20 are their real sisters. Late Dhankunwar is mother, who has died on 16/7/2005. The subject matter of the suit is an agricultural land, description whereof is given in para 2 of the first appellate court's judgment (hereinafter referred to as 'suit land'). Undisputedly, suit land after the death of her husband was of the ownership of Late Dhankunwar. She had executed a registered Will dated 1/4/1999 in favour of defendants no.1, 2 and 3 at the instance of defendant no.4, who is father of defendants no.1, 2 and 3, however, she executed a subsequent Will on 15/6/2005 superseding the aforesaid Will with clear stipulation in that behalf in favour of plaintiffs and defendant no.4.

(3.) THE sole question need to be addressed by this Court is as to whether the subsequent Will dated 15/6/2005 is a valid Will bearing in mind the concurrent finding of facts recorded by courts below to the effect that the Will dated 15/6/2005 was legally valid last Will superseding the Will dated 1/4/1999.