PRABHU RAM Vs. JAGDISH RAM

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) APPELLANT -plaintiff filed a suit for declaration that he was owner to the extent of half share in the estate of late Smt. Shanti, on the strength of a Will executed by said Shanti in the year 1962 in his and his brother Nathu's (impleaded as proforma respondent No.2) favour. By way of consequential relief, permanent prohibitory injunction restraining defendant-respondent No.1 Jagdish Ram from interfering in his joint possession was also sought.

(3.) DEFENDANT -respondent No.1 contested the suit. Though he admitted the Will of 1962, yet pleaded that the said Will stood superseded by the Will executed and got registered on 28.11.1979, per which the testatrix had bequeathed her entire estate in favour of his father Nathu Ram and that that Will of 1979 stood superseded by Will dated 2.4.1986, whereby Shanti bequeathed her entire estate in his favour. Several preliminary objections were also raised.