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1972 Supreme(Guj) 8

P.N.BHAGWATI, D.P.DESAI, M.U.SHAH
SHANTILAL BABUBHAI – Appellant
Versus
BAI CHHANI D/o BABUBHAI MOHANLAL – Respondent


Advocates Appeared: I.F.ZAMINDAR, K.H.KAJI, M.H.CHHATRAPATI

P. N. BHAGWATI, D. P. DESAI, M. U. SHAH, J.

( 1 ) THE short question that arises for determination in this appeal relates to the construction of a will date 30th September 1934 made by one Zaverbhai a resident of Surat. The question is what is the nature and quality of the interest granted under the will to Laxmi widow of Zaverbhai. Zaverbhai died on 18th October 1954 leaving him surviving his widow Laxmi and two sons and a daughter of his sister namely Shantilal Govind and Chhani. Shantilal was living with Zaverbhai at the time of his death and was looking after him and attending to his Deeds. The properties left by Zaverbhai consisted of certain movables about which there is now no controversy between the parties and an immovable property situate in the City of Surat. The disposition of these properties after his death was made by Zaverbhai by his Will dated 30th September 1954. The original will is in Gujarati language and we shall have occasion to refer to some of the Gujarati expressions used by Zaverbhai which have been the subject matter of controversy between the parties but without attempting to give a translation of those expressions at this stage we may for the time being


















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