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1971 Supreme(SC) 2

K. S. HEGDE, A. N. GROVER, J. C. SHAH
Karmi – Appellant
Versus
Amru – Respondent


Judgment

HEGDE, J.: One Jaimal was the owner of the suit properties. He died in 1938 leaving behind him his wife Nihali his son Ditta had predeceased him. The appellant is the daughter of Ditta The respondents are collaterals of Jaimal. The family genealogy is found at p. 125 of the paper-book. During the lifetime of Jaimal, he appears to have executed two wills. The first will was executed on December 18. 1935 and the second will on November 13, 1937 Both of them are registered wills. By the second will he revoked the first will. By that will he directed that on his death, his entire estate will devolve on his widow, Nihali during her life and thereafter the same would devolve on Bhagtu and Amru, his collaterals. On the death of Jaimal, the properties were mutated in the name of Nihali. Nihali died sometime in 1960 or 1961. On her death Bhagtu and Amru claimed the properties on the basis of the will of November 13, 1937 but the appellant claimed the properties as the sole legatee from Nihali under her will of April 25, 1958. This dispute led to the present proceedings.

2. The respondents sued the appellant for the possession of the suit properties on the strength of the will dated N



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