ANJANA RAHI Vs. SUBHASH CHANDER

JUDGEMENT

(1.) Defendant no.1-appellant (Anjana Rani) has filed present regular second appeal against judgments passed by the courts below. Learned trial court decreed the suit filed by the plaintiff-respondent- (Subhash Chander Jhanji) for declaration to the effect that he is joint owner of a residential house, details whereof have been given in the plaint. It was held that the residential house was an ancestral property in the hands of late Sh. Rattan Lal Jhanji, hence, although, a registeed testament excuted by him stands proved, however, does not result in bequeathing the suit property in favour of the appellant because the testator had no power to bequeath. Learned first appellate court has held that the registered will is surrounded by suspicious circumstances and therefore, appeal filed by Smt. Anjana Rani-appellant was dismissed whereas appeal filed by Sh. Subhash Chander Jhanji, respondent no.1 to that extent was allowed.

(2.) In the considered view of this court, following substantial questions of law arise for determination:-

(3.) Facts in a nutshell are that late Sh. Rattan Lal Jhanji was common ancestor of the parties to the suit. Inter-se relationship between the parties can be understood from the following pedigree table as drawn in para 1 of the plaint:- <IMG>JUDGEMENT_36_LAWS(P&H)6_2020_1.jpg</IMG>