KAMLA DEVI Vs. MADAN LAL

JUDGEMENT

(1.) This judgment will dispose of F.A.O. Nos. 127, 216 and 224 of 1971 which arise out of the same judgment of District Judge, Ambala, dated April 12, 1971.

(2.) Briefly, the facts are that Devi Dayal was a resident of Ambala Cantt. and he died on November 5, 1966. it is alleged that he executed a will dated July 2, 1965 by which he created a trust and appointed Madan Lal Prithvi Raj and Radhe Shyam as trustees. They filed an application for grant of probate (Probate petition No. 12/2 of 1966 in respect of the assets of the deceased on tho basis of the will dated July 2, 1965, Exhibit A.1. Shrimati Kamla and her sister Shrimati Parvati, since deceased, filed a second application for probate (Probate petition No. 4/2 of 1967) in respect of assets of the deceased on the basis of the will alleged to have been executed on October 1, 1966, Exhibit AW 9/8. Jagdish Chand filed a third petition for probate (Probate Petition No. 3/2 of 1967) on the basis of the will dated October 30, 1966, Exhibit AW 17/1 alleged to have been executed by the deceased in his favour. It was gut registered after the death of the deceased on January 16, 1967. All the petitions were contested.

(3.) At the request of the learned counsel for the parties, all the petitions were consolidated and the evidence was recorded in petition No. 12/2 of 1966. On the pleadings of the parties, the learned District Judge framed the following issues:-