O.CHHINNAPPA REDDY, R.S.SARKARIA
Pramod Bhatia – Appellant
Versus
Om Prakash Bhatia – Respondent
JUDGMENT
CHINNAPPA REDDY, J. :—The question in the appeal is about the construction of a will. The facts which are now not in dispute before us are as follows :
The testator, Pearey Lal Singh Bhatia died on 30-3-1952 leaving behind him a will dated 8-4-1944, a widow Lakshmi Devi being his second wife, a son Om Prakash by Lakshmi Devi, and the widow and daughters (Manmohini, Raj Kumari and Pramod Kumari respectively) of a pre-deceased son by a pre-deceased first wife. Manmohini and her daughter Raj Kumari had left the family house and moved away to Mathura while Pramod Kumari stayed on with her grand father and was brought up by him. Lakshmi Devi, widow of Pearey Lal Singh, died in 1958. We are now concerned with the title to a sum of Rs. 16,490/- lying in deposit with the State Bank of India and the District Co-operative Bank, Bulandshahr. Om Prakash claims the amount under the will dated 8-4-1944. The will, a registered one, was in the following terms :-
"I, Pyare Lal Singh, son of Babu Ghanshyam Narain Saheb, by caste Kshatriya Bhatia, resident of Mohalla Sheopuri, Bulandshahr, do declare as follows :-
I, the executant, am owner in possession of the property specified as given below
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