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2017 Supreme(Del) 4229

R.K.GAUBA
Sanjeev Juneja – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Jyoti Singh, Sr. Adv. with Mr. Avadh Kaushik & Mr. Devashish Maharishi, Advs.
For the Respondents:Mr. Akhil Sibal, Sr. Advocate with Mr. Anshul Narayan, Adv., Mr. Rakesh Sachdeva, Adv., Mr. Sanjay Vashishtha with Mr. L.A. Vashistha, Advs.

JUDGMENT :

1. The appellant is one of the sons of Jaswant Lal Juneja who had passed away on 15.02.1991, statedly leaving behind his Will and testament executed and registered on 19.10.1990. The appellant had moved the Court of District Judge, Delhi by petition under Section 264 of Indian Succession Act, 1925 praying for grant of probate in respect of the said Will, the petition presented on 31.08.1991 having been registered as probate case no. 216/1991 (later re-numbered as 619/1994). Since the petition was contested by some of the children of the deceased Jaswant Lal Juneja, the case was put to trial. Upon its conclusion, the court of Additional District Judge passed judgment on 08.01.1999 dismissing the petition. It is the said decision which is assailed by the appeal at hand presented under Section 299 of Indian Succession Act, 1925.

2. From the pleadings of the parties before the trial court, as indeed in the appeal before this Court and also from the evidence that was adduced on both sides of the divide, certain facts have emerged as indisputable or admitted. The same may be taken note of at the outset.

3. Jaswant Lal Juneja (hereinafter referred to, for the sake of convenience,





















































































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