KHATOON Vs. BHONRI

JUDGEMENT

(1.) THIS is a plaintiffs' appeal and arises out of a suit brought by them against the respondent Mr. Bhonri for a declaration that the will dated the 17th of July, 1947 purporting to be made by Panah Mohammad in favour of Mst. Bhonri is void.

(2.) THE plaintiff No. 1 Mst. Khatoon is daughter of Panah Mohammad and the plaintiff No. 2 Hussain Mohammad is the husband of plaintiff No. l. THEir case was that Panah Mohammad had executed a will in their favour of his entire property on the 29th of May, 1945, and therefore, they were entitled to the entire property left by Panah Mohammad. THEy averred that Mst. Bhonri in whose favour the will of 17th July, 1947, had been made was not the legally wedded wife of Panah Mohammad and the will was the result of a fraud on the part of Mst. Bhonri. THEy, therefore, prayed that the will dated the 17th of July, 1947 be declared void and ineffective.