ATMA RAM Vs. PARSINI

JUDGEMENT

(1.) This appeal under Clause X of the Letters Patent is directed against the judgment of a learned single Judge dated Sept. 16, 1975, in S. A. No. 451 of 1972, decreeing the suit of the plaintiff-respondent on reversing the concurrent judgments and decrees of the Courts below, by which the suit was dismissed.

(2.) Shrimati Parsini, plaintiff, filed the present suit for possession claiming the estate left by Bhagwana, as his daughter, against Atma Ram appellant and others, on May 26, 1966, on the ground that Bhagwana died on Sept. 2, 1958 and she being his daughter was entitled to succeed to the property which he possessed at the time of his death.

(3.) Atma Ram defendant-appellant contested the suit and denied that Smt. Parsini plaintiff was the daughter of Bhagwana and claimed succession to the estate left by Bhagwana on the basis of registered will dated Oct. 15, 1957. He also relied on the previous judgments delivered by the first appellate Court and the High Court between him and Ram Chand and Ram Piara, wherein the registered will was held to have been proved. He also pleaded that the suit is barred by limitation besides challenging the locus standi of the plaintiff to file the present suit.