MADAN LAL BUTAIL Vs. PYARE LAL GUPTA

JUDGEMENT

(1.) This revision petition is directed against the order dated 28.11.1994 passed by Sub-Judge 1st Class, Court No.III, Shimla, in case No. 54/6 of 1988, allowing the objection filed on behalf of the objector and dismissing the execution petition filed by the petitioner decree holder. The objection was filed under Section 214 of the Indian Succession Act, 1925 read with Sections 48,50,51 and Order 21, Rules and 97 to 101 of the Civil Procedure Code.

(2.) Briefly stated, the facts are as follows :Late Roshan Lal, father of the objector filed an eviction petition against Sh. Piare Lal respondent herein, which was allowed by the Rent Controller vide order dated 2.6.1980. Roshan Lal died on 14.12.1984. He married twice, Shri Madan Lal, the present petitioner is the son by his fist wife. He died leaving behind his second wife Smt. Kaushalya, one son Sh. Anil Butail and one daughter Dr. Nirupama Rohtagi.

(3.) Sh. Madan Lal filed the execution petition, which is registered as case No.54-6 of 1988. In the said execution petition, be alone filed the petition and the present objection was filed by Dr. Nirupama Rohtagi and Sh. Anil Butail, daughter and son of late Roshan Lal, which was allowed by the impugned order, as stated above. It may be stated that Madan Lal claimed that a will was executed by late Roshan Lal, a copy of which is available in the records of case No.9610 of 1987 before Sub-Judge (3Z), Shimla, In the said Will, he mentioned that his wife Smt. Kaushlya Devi deserted him in Oct. 1965 and never joined him. It was also stated that he provided all the opportunities to his son Sh. Anil Butial and daughter Dr. Nirupama Rohtagi to receive highly expensive education and they have settled in U.S.A. but he could not give similar privilege to his Sh. Madan Lal, who has settled in Shimla. Therefore, he debarred his second wife from claiming his property. For this Will, there is a dispute between the legal heirs of late Roshan Lal and the said Civil Suit is pending.Heard learned counsel for the parties.