JUDGEMENT
ANIL KSHETARPAL,J. -
(1.)Vide this judgment, RSA No.3736 of 2008 and RSA No.3737 of 2008 which are arising from one suit and two first appeals disposed of by a common judgment by the trial Court as well as First Appellate Court, shall stand decided. Counsel for the parties are also agreed that both the appeals can be conveniently disposed of by a common judgment.
(2.)Plaintiff-appellant is in the regular second appeal against the judgment passed by the First Appellate Court reversing the judgment of the trial Court.
(3.)Dispute in the present case is with regard to the estate of Sarupa who died in April 1999. As per the case of the respondents-defendants, he executed a registered Will in their favour dated 02.04.1998 Ex.D-1 whereas the plaintiff-appellant who is daughter claims that he died intestate. The execution of the registered Will has been proved by examination of scribe, both the attesting witnesses and Sub-Registrar who registered the Will. It is written in the Will by the testator that he does not have a son (male child) although, he has a daughter. He has recited that he has fulfilled his duty by marrying her. Hence, he executed the Will in favour of his nephews with whom he is residing.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.