REGENT COMPUTRONICS PVT. LTD.

In The Goods Of Smt. Priyamvada Devi Birla (Deed.) Krishna Kumarbirla And Ors. Appellant

V/S

Rejendra Singh Lodha And Ors. Respondents

Referred Judgements :-

S.M.K.R. MEYAPPA CHETTY V/S. S.N. SUPRAMANIAH CHETTY [REFERRED TO]
NIKUNJ KUMAR LOHLA V/S. NARAYAN PRASAD GARODIA AND ORS. [REFERRED TO]
M. S. SARASWATHI V/S. M. S. SELVADURAI AND ANR. [REFERRED TO]
DINANTH SHAH V/S. SURATI DEVI AND ORS. [REFERRED TO]
BENOY RANJAN BANERJEE V/S. SADHAN RANJAN BANERJEE [REFERRED TO]
SRI BENOY RANJAN BANERJEE AND ANR. V/S. SRI SADHAN RANJAN BANERJEE [REFERRED TO]
JAMMI HANMANTHA RAO V/S. ARATALA LATCHAMMA [REFERRED TO]
RAJA RAMA V/S. FAKRUDDIN SABIH AND ORS. [REFERRED TO]
VENIDAS NEMCHAND V/S. BAI CHAMPABAI [REFERRED TO]
SM. USHARANI ROY V/S. SM. HEMLATA ROY W/O HEMENDRA KUMAR [REFERRED TO]
KOMALANGIAMMAL V/S. M. K. SOWBHAGIAMMAL AND ANR. [REFERRED TO]
PRIYANATH BHATTACHARJI V/S. SAILA BALA DEBI [REFERRED TO]
SATINDRA MOHUN TAGORE AND ANR. V/S. SARALA SUNDARI DEBI AND ANR. [REFERRED TO]
DRAUPADI DASYA V/S. RAJKUMARY DARYA AND ANR. [REFERRED TO]
DILHARSHANKAR C. BHACHECH V/S. CONTROLLER OF ESTATE DUTY,AHMEDABAD [REFERRED TO]
KOCHU GOVINDAN KAIMAL VS. THEKKET LAKSHMI AMMA [REFERRED TO]
STATE OF BIHAR VS. RADHA KRISHNA SINGH [REFERRED TO]
ELIZABETH ANTONY VS. MICHEL CHARLES JOHN CHOWN LENGERA [REFERRED TO]
ELIZABETH ANTONY VS. MICHEL CHARLES JOHN CHOWN LENGERA [REFERRED TO]
V DANDAPANI CHETTIAR VS. BALASUBRAMANIAN CHETTIAR [REFERRED TO]
SHIVA NATH PRASAD VS. STATE OF WEST BENGAL [REFERRED TO]
MEERA DEWAN VS. SHAKUNTALA DEWAN [REFERRED TO]
RAJA KAKARLAPUDI VENKATA SUDARSANA SUNDARA NARASAYYAMMA GARU VS. ANDHRA BANK LTD [REFERRED TO]
BHABANI PROSAD SAHA VS. SARAT SUNDARI CHOUDHURANI [REFERRED TO]
BALAI LAL SEN VS. PRAMATHA NATH SEN [REFERRED TO]
LALCHAND BHUR VS. SUSHILA SUNDARI DASSI [REFERRED TO]
LEO SEQUIERA VS. MAGDALENE SEQUIERA BAI [REFERRED TO]
ANNAPURNA KUMAR VS. SUBODH CHANDRA KUMAR [REFERRED TO]
SIMA RANI MOHANTI VS. PUSPA RANI PAL [REFERRED TO]
SHANTI DEVI AGARWALLA VS. KUSUM KUMARI SARKAR [REFERRED TO]
RAJKISHORE PANDA VS. HARIBANDHU MAHALA [REFERRED TO]
KUPPUSWAMI RAJA VS. PERUMAL RAJA [REFERRED TO]
G JAYAKUMAR VS. R RAMARATNAM [REFERRED TO]
VASANT NARAYAN KHAKHANIS VS. PRABHAVATI BALCHANDRA HARJARNIS [REFERRED TO]
PERVIZ SAROSH BATLIWALLA VS. VILOO PLUMBER [REFERRED TO]
RAJIV RAMPRASAD GUPTA VS. RUSTOM SAM BOYCE [REFERRED TO]
RAMAUTAR SINGH VS. SM RAMSUNDARI KUR [REFERRED TO]
DINABANDHU ROY BRAJARAJ SAHA, FIRM VS. SARALA SUNDARI DASSYA W/O HARALAL SAHA [REFERRED TO]
JANANDRS NATH MUKHERJEE AND OTHER V/S. JITENDRA NATH MUKHERJEE AND ORS. [REFERRED TO]
NABIN CHANDRA GUHA VS. NIBARAN CHANDRA BISWAS [REFERRED TO]
MT SHEOPATI KUER VS. RAMAKANT DIKSHIT [REFERRED TO]
GOURISHANKAR CHATTORAJ VS. SMSATYABATI DEBI [REFERRED TO]

JUDGEMENT

(1.) These appeals have been filed by Krishna. Kumar Birla (hereinafter referred to as KKB), Basan Kumar Birla (hereinafter referred to as BKB) and Yashovardhan Birla (thereinafter referred to as YB) against the judgment of the Hon'ble First Court discharging their caveats in the proceeding for grant of probate of the Will dated 18th April, 1999 and Codicil dated 15th April, 2003 of Late Smt. Priyamvada Devi Birla (hereinafter referred to as PDB).

(2.) The question arose in this matter whether the Appellants have any caveatable interest in the Estate of the said deceased PDB in the facts of the case.

(3.) Mr. S. B. Mookherjee, Learned Senior Advocate appearing in support of the appeal filed on behalf of the KKB contended that it cannot be disputed that there were mutual Wills left behind by MPB and PDB. He also drew our attention to a decision reported in : 2006 (2) SCC 757 (Shivanath Prasad v/s. State of West Bengal and Ors.) and submitted that the undisputed facts are that the couple executed mutual Wills in 1981 arid in 1982 the couple executed fresh mutual Wills after revoking the earlier mutual Wills. He further contended that the concept of the mutual Wills has now been recognized in our country and he relied upon the following decisions reported in ), : 1986 (1) SCC 701 (Dilharshankar C. Bhachech v/s. Controller of Estate Duty) and, 1993 All E. R. 129 (Re: Dale (deceased) Proctor v/s. Dale).

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IN THE GOODS OF SMT. PRIYAMVADA DEVI BIRLA (DEED.) KRISHNA KUMARBIRLA AND ORS. Vs. REJENDRA SINGH LODHA AND ORS.

Referred Judgements :-

JUDGEMENT

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