SATYA DEVI Vs. GAURAN DEVI

JUDGEMENT

(1.) At the time of admission of the present appeal, a question with regard to maintainability of the appeal was raised.

(2.) The dispute between the parties pertains to the succession to the estate of deceased Mauji Ram, father of the parties, namely, the plaintiff and defendants No. 1 and 2. The plaintiff claims to have succeeded to the estate of deceased Mauji Ram on the basis of the will alleged to have been executed in her favour on October 31, 1993, while defendants No. 1 and 2 have claimed succession to the estate of their father on the basis of will dated June 16, 1993, alleged to have been executed in their favour.

(3.) The trial Court on May 30, 1997, dismissed the suit by holding the will dated June 16, 1993 in favour of defendants No. 1 and 2 to be valid and the will dated October 31, 1993, set up by the plaintiff to be invalid. In appeal preferred by the plaintiff, the learned first Appellate Court after affirming the findings of the learned trial Court holding the will dated October 31, 1993 in favour of the plaintiff to be invalid, set aside the findings of the Court below on Issue No. 4 holding the will dated June 16, 1993 in favour of defendants No. 1 and 2 as invalid. Since both the wills set up by the parties were held to be invalid, the suit of the plaintiff was dismissed and the parties were held entitled to succeed to the estate of their father by way of intestate succession to the extent of 1/3rd share each.