LAWS(HPH)-2019-10-140

BANSI LAL Vs. SHRI RAM

Decided On October 24, 2019
BANSI LAL Appellant
V/S
SHRI RAM Respondents

JUDGEMENT

(1.) The plaintiff's suit for rendition, of, a decree, of, declaration, for, setting aside, the, challenged testementary disposition, executed on 15.7.2004, by the deceased testator, one Dileshwari Devi, vis- -vis defendants No. 1 and 2, and, also for rendition, of, a decree, of, permanent prohibitory injunction, vis- -vis, the suit land, and, against the defendants, hence stood dismissed, by, the learned trial Judge. In an appeal carried thereagainst, by, the aggrieved therefrom defendants, hence before the learned first appellate Court, the, latter Court rather allowed the plaintiffs' appeal. The aggrieved therefrom defendants,hence, for concerting, to, beget reversal, of, the verdict, recorded by the learned first appellate Court, upon, Civil Appeal No. 23 of 2010, hence institute thereagainst, the, extant second appeal, before this Court.

(2.) The instant appeal, stood admitted, by this Court on, the hereinafter extracted substantial questions of law:

(3.) Ext. DW2/A, is, a registered testementary disposition, executed by the deceased testator, one Dileshwari Devi, vis- -vis, defendants No. 1 and 2. However, for, the afore executed registered testementary disposition, rather to assume an aura of validity, hence enjoined upon the plaintiffs, to, through, adducing cogent evidence, hence ensure, qua the, completest satiation becoming meted, vis- -vis, the statutory parameters, as, enshrined, in, Section 63, of, the Indian Succession Act, provisions whereof, stand extracted hereinafter: