RAM PARSHAD Vs. HARBANS LAL

JUDGEMENT

(1.) THE defendant-appellants are in second appeal before this Court.

(2.) PLAINTIFF-Tripta Devi instituted Civil Suit No.139 of 1995 for declaration with permanent injunction as a consequential relief claiming to be exclusive owner in possession of the estate of late Ramji Dass i.e. the suit property as detailed in the head note of the plaint claiming to be the only heir under a Will dated 8.8.1994 stated to have been executed by deceased Ramji Dass in her favour during his life time in sound, disposing mind. The present appellants had been arrayed as defendants No.3,4 and 5 in the suit.

(3.) PLAINTIFF-Tripta Devi in Civil Suit No.139 of 1995 pleaded that she along with her husband had looked after and served Ramji Dass during his life time and who, in turn, executed a legal and valid Will on 8.8.1994 in her favour. In such suit, defendants No.1 and 2, namely, Harbans Lal and Tirath Ram filed a written statement denying the execution of the Will dated 8.8.1994 propounded by plaintiff-Tripta Devi and, in fact, claimed that deceased Ramji Dass had, in fact, executed a Will in their favour on 5.8.1994. Defendants No.3 to 5 i.e. the present appellants also contested the suit and denied the Wills stated to have been executed in favour of plaintiff-Tripta Devi as well the one in favour of defendants No.1 and 2, namely, Harbans Lal and Tirath Ram. Defendants No.3 to 5 set up a case that, in fact, the Will dated 6.8.1994 was the last Will executed by late Ramji Dass in their favour.