SURAJ NARAIN Vs. GORDHAN

JUDGEMENT

(1.) THIS is a special appeal under sec. 18 of the Rajasthan High Court Ordinance, 1949 against an order of a learned single Judge of this Court dated 24th July, 1961.

(2.) THE material facts giving rise to this appeal are these: One Smt. Gopi Davi, widow of Master Ganga Chandra Purohit is alleged to have made a will Ex. F. 1 on 5th June, 1956 in favour of Udainarain, who died during the pendency of this appeal and is represented by his sons and widow, the present respondents in this appeal. Smt. Gopi Devi died on 7th June, 1956 leaving behind some movable and immovable properties which she bequeathed to Udai Narain by the aforesaid will. THE appellant Surajnarain is a near relative of Smt. Gopi Devi and at this stage it is the admitted case of the parties that Suraj Narain would have inherited the property of Smt. Gopi Devi in the absence of the alleged will.