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1980 Supreme(SC) 177

A.P.SEN, V.R.KRISHNA IYER
Har Pyari Devi – Appellant
Versus
Ghanshiam Singh – Respondent


JUDGMENT

Krishna Iyer, J.—The facts in this case are simple and the law simpler. The decision by the Full Bench is unassailable.

2. Briefly the facts are that one Parvati Devi had obtained a decree as owner of a shop for eviction of Khursheed, the judgment-debtor, who was the tenant. The decree-holder died on March 20, 1964 leaving a Will bequeathing the property in favour of Ghanshiam, the respondent who was her loyal servant for long. On the basis of this WIll, Ghanshiam filed an execution petition on May 20, 1964 to enforce the decree for eviction. The appellant before us filed an execution petition claiming the rights as an heir under the Hindu Succession Act, 1956 being the stepdaughter of the deceased. She also contested the genuineness of the Will. The executing court after cosidering question of the genuineness of the Will upheld it and that finding was affirmed by the District Court and the High Court. Thus this finding about the genuineness of the Will has become final and the claim of the respondent as decree-holder is unassailable at the instance of the appellant. Thereafter apparently to circumvent the effected of the adjudication in favour of the respondent, an interpl


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