JADAV Vs. RAM SWARUP

JUDGEMENT

(1.) THIS is a second appeal by Mst. Jadav against the judgment of the learned District Judge, Alwar, dated the 24th August, 1956.

(2.) THE facts giving rise to it are that respondent No. 1 Ram Swarup obtained a money decree against respondent No. 2 Jai Govind and also against the assets of Jagdish Prasad, deceased husband of the appellant, which were in her possession. In execution of the said decree, the decree-holder got attached one-half portion of a Haveli saying that it belonged to Jagdish Prasad judgment-debtor. THE appellant filed an objection petition under sec. 47 C. P. C. It was averred by her that the portion of the Haveli which was attached belonged to her personally and not to her husband. She based her claim on a will which was said to have been executed in her favour on 20. 8. 52 by her grand-mother-in-law Mst. Bhagwati, who according to the appellant, was the then owner of the property attached. THE appellant's claim was contested by the decree-holder. THE executing court came to the conclusion that the execution of the will by Mst. Bhagwati in favour of Mst. Jadav was not proved and the objection petition was dismissed. Aggrieved by that order dated 17. 3. 55, Mst. Jadav filed an appeal in the court of the learned District Judge, Alwar- THE learned Judge did not enter into the question whether the will was made by Mst. Bhagwati in Mst. Jadav's favour and whether the property belonged to Mst. Bhagwati. He dismissed the appeal on the preliminary ground that the will set up by the appellant was not probated and was not therefore admissible in evidence under sec. 213 of the Indian Succession Act. In support of his view the learned Judge relied upon. Balkishan vs. Prabhu (1) and dismissed the appal.