DHANI DEVI Vs. DAMODRI ETC

JUDGEMENT

(1.) One Bhagi Mal is alleged to have executed a Will on 24th January, 1954 in respect of his entire estate. He died three months later in April, 1954. About two months after his death, Smt. Damodri, widow of Bhagi Mal, gave birth to a posthumous daughter who is alive. Bhagi Mal had also left behind his widow Smt. Damodri, who is deaf and dumb, a daughter from his first wife Smt. Dhani Devi, his brother Lachhman Dass and his brother's son Kidar Nath. The said Will was got registered in February, 1955, long after Bhagi Mal's death. The suit out of which the present appeal has arisen was instituted by Smt. Damodri, the widow of the testator for a declaration that no Will had been executed by Bhagi Mal as represented by Smt. Dhani Devi. This suit was contested by Smt. Dhani Devi who asserted the execution of valid Will by Bhagi Mal when he was possessed of a sound disposing mind. Lachhman Das admitted the plaintiff's claim in his written statement. Kidar Nath was proceeded against ex parte.