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1973 Supreme(Raj) 166

LODHA
Mst. Gaumati – Appellant
Versus
Shanker Lal – Respondent


Advocates Appeared:
D.K. Soral, for Appellants; N.M. Kasliwal, for Respondent

LODHA, J.—The plaintiff-respondent Shanker Lal filed the suit out of which this appeal arises against Ramkaran Lal (who died during the pendency of this litigation and is red-resented by his legal representatives Smt. Gaumati and others (appellants) for declaring that the will Ex. 3, dated 3-2-1961 made by Smt. Kalawati is ineffective against the plaintiff and further that a decree for possession of the ground-floor of the house and other movable property, ornaments etc. bequeathed by Smt. Kalawati to Ramkaran Lal be granted in his favour. The trial court decreed the suit for possession of the ground floor of the house and its judgment and decree were affirmed by the District Judge, Bharatpur, and consequently the legal representatives of Ram Karan Lal have filed this appeal.

2. A few relevant facts may now be stated. One Jagan Nath had three sons Chaturbhuj, Ramkaranlal (defendant) and Shanker Lal (plaintiff). Chaturbhuj died in St. 1967, i.e. in the year 1910/11 A.D. leaving behind his widow Smt. Kalawati but no issue. Ramkaranlal went in adoption to one Ramchander some time in S. 1973 i.e. 1916-17 A. D. As already stated above, on 3.2.1961 Smt. Kalawati executed a will of the pro














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