Judgment

Anil R. Dave, J.

1. Being aggrieved by the judgment delivered in Regular Second Appeal No. 959 of 2001 and CM No. 4711-C of 2002 and Cross Objection No. 17-C of 2001, dated 21st September, 2005, by the High Court of Punjab & Haryana at Chandigarh, this appeal has been filed by the original Defendants.

2. Facts leading to the present litigation in a nutshell are as under:

Late Shri Atam Parkash had married to Smt. Raj Kumari on 20th September, 1961 as per Hindu rites and customs and by that marriage, they had a daughter named Ms. Nishoo @ Meeshu. During the subsistence of the afore-stated marriage, late Shri Atam Parkash also married to Smt. Krishna on 16th June, 1970 at Arya Samaj, Anarkali, Mandir Marg, New Delhi, and by the second marriage they had a daughter named Payal.

3. During his life time, late Shri Atam Parkash had executed a Registered Will on 9th April, 1982 and by virtue of which he had bequeathed his movable and immovable properties in favour of Smt. Krishna and his daughter Payal.

4. Upon death of Shri Atam Parkash, his second wife Krishna and his daughter Payal had filed Civil Suit No. 322 of 1996 in the Court of learned Civil Judge, Junior Division, Sonepat (Har