INDER DEV Vs. KUBZA DEVI

JUDGEMENT

(1.) The instant appeal, is, directed by the aggrieved plaintiffs, against, the concurrently recorded judgments, made, initially by the learned trial Judge, and, latter by the learned first appellate Court, (i) where through the plantiffs' suit, seeking pronouncement, of, a declaratory decree, hence, for annulling Ext. PW2/A, exhibit whereof, comprises, the, apposite registered testamentary disposition, rather, stood dismissed. The aggrieved therefrom plaintiffs, through, casting the instant regular second appeal, strive, to, beget reversal, of, the concurrent verdicts, as, stand pronounced against them.

(2.) When the instant appeal, came up, for admission, before this Court, on 31/7/2008, this Court admitted the instant RSA on, the hereinafter extracted substantial question(s), of, law:-

(3.) Through Ext.DW2/A, hence embodying, the, apposite registered testamentary disposition, the, deceased testator, one Kokla, constituted the defendants, as, her legatees, and, the latter, are the propounders, of, Ext. DW2/A. For ensuring, the, meteing(s), of, the completest validation vis-a-vis, execution, of, Ext. DW2/A, and, also it being ensured, to be, completely proven, to be, validly and duly executed (i) hence, the defendants were enjoined to adduce cogent evidence, rather making visible displays, qua, satiation, becoming meted vis-a-vis, the preemptory statutory ingredients, embodied, in, Sec. 63 of the Indian Succession Act, provisions whereof, stand extracted hereinafter: