CHAITRU Vs. KALI DASS

JUDGEMENT

(1.) THE dispute in the present appeal pertains to the Will of deceased Labhu, who died issueless. The present appellants- plaintiffs, who are the daughters of two nephews of said Labhu, filed a suit for declaration that they had inherited the estate of Labhu to the extent of 2/3rd share alongwith respondent-defendant Kali Dass, who, being the son of one of the abovesaid nephews of Labhu, namely Tulku, was also an agnate and had inherited the estate of Labhu to the extent of 1/3rd share.

(2.) SUIT was contested by respondent-defendant No.1 Kali Dass. He set-up a Will purportedly executed by Labhu on 6.12.1984. Some preliminary issues were also raised.

(3.) THE present appeal was admitted on the following substantial questions of law: