PHOOLWATI Vs. PREM SINGH

JUDGEMENT

(1.) CM No.7208-C of 2002 Delay of 1 day in refiling the present appeal is condoned. Application is allowed.

(2.) Main Case The plaintiffs-appellants are in the Regular Second Appeal against the concurrent findings of fact arrived at by both the Courts below.

(3.) Dispute in the present case is with regard to the estate of Pitambar Singh who died on 12/9/1971. The suit was instituted on 19/8/1997 after a period of 26 years. In fact, the dispute is only with respect to the share inherited by Smt. Ramvati, the mother of Pitambar Singh who got 1/5th share being Class-I heir. Widow and children of Pitambar Singh have now propound an unregistered Will executed by Pitambar Singh dtd. 25/8/1971 Ex.P1. Smt. Ramvati also died on 20/3/1997. Smt. Ramvati transferred her 1/5th share through a family settlement in favour of defendant Nos.4 to 6 which is acknowledged by a Civil Court judgment and decree dtd. 28/2/1979.