ABHEY CHAND Vs. BIMLA DEVI

JUDGEMENT

(1.) THE present Letters Patent Appeal has been filed by defendant No. 1 Abbey Chand, who had remained unsuccessful before the learned trial Court as well as before the learned Single Judge.

(2.) THE suit filed by the plaintiff Smt. Bimla Wati was decreed by the learned trial Court vide its judgment and decree dated January 9, 1978 and the first appeal filed by Abhey Chand was dismissed by the learned Single Judge of this Court on October 9, 1986.

(3.) THE learned trial Court vide its judgment dated January 9, 1978 examined the controversy between the parties on the basis of the material available on the record. The plea of execution of a Will dated March 6, 1974, Ex. D1 set up by defendant No. 1 was rejected and it was held that the said Will was shown to be not executed by Ram Chand at any stage. However, the Will dated January 29, 1969, Ex.P1 was held to be duly proved and duly executed by Ram Chand. On the basis of the said findings, the suit filed by the plaintiff was decreed.