PYARE LAL Vs. ACHHAR RAM

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 2nd September, 1997, of learned District Judge, whereby dismissing appellants appeal against the judgment and decree dated 12th February, 1988 of the Sub Judge 1st Class, the learned District Judge has affirmed the aforesaid judgment and decree of learned Sub Judge.

(2.) APPEAL was admitted on 14th May, 1998. Though the order does not specifically record on what substantial question of law the appeal had been admitted, I find on record the following substantial questions of law, which were formulated by the appellant and submitted alongwith the memorandum of appeal:

(3.) SUIT was contested by the respondents -defendants and deceased Kesho Devi, now represented by the other two respondents, who was stated to be the co -widow of deceased plaintiff Nikki Devi. Defendants -respondents pleaded that after the execution of the Will, dated 30th May, 1979, deceased Gokal had executed another Will on 30th September, 1981, thereby bequeathing his entire property, both movable and immovable, in their favour and so the mutation had rightly been entered and attested in their favour.