CHUHRU RAM Vs. DHANI DEVI

JUDGEMENT

(1.) These two appeals are being disposed of by a common judgment since they arise out of the two cross appeals between the same parties and the issue involved is basically the same.

(2.) Both the appeals have been admitted on the following questions of law:

(3.) The facts of the case are that Chuhru Ram filed a suit alleging that Dhanni widow of Nantu and her daughters were interfering in the land which had been bequeathed in his favour by Nantu. Dhani Devi and her daughters filed a suit challenging the correctness of the Will. The learned trial Court upheld the Will and accepted the claim of Chuhru Ram and rejected the plea of Dhanni Devi and her daughters. The learned Lower Appellate Court accepted the appeal of Dhanni and came to the conclusion that though Chuhru Ram had been able to prove the execution of the Will, he had not been able to explain the attending suspicious circumstances surrounding the Will. Therefore, the judgment and decree of the learned trial Court was set-aside. This decision is under challenge before this Court.