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2006 Supreme(HP) 19

V.M.JAIN
PRABHI DEVI – Appellant
Versus
RAJESH KUMAR – Respondent


Advocates Appeared:
For the Appellants:Mr. Onkar Jairath, Advocate. For the Respondents:Mr. Bhupender Gupta, Senior Advocate alongwith Mr. Neeraj Gupta, Advocate.

JUDGMENT

V.M. Jain, J. :- This order shall dispose of the aforementioned two appeals against the judgments and decrees of the Courts below, whereby the suit filed by the applicants was dismissed and the cross suit filed by the other side was decreed by the trial Court and the appeals filed by the present appellants were dismissed by the learned District Judge.

2. The facts, which are relevant for the decision of these appeals, are that one suit was filed by the present appellants Smt. Prabhi Devi etc, against the present respondents. It was a suit for declaration and injunction. It was alleged in the said suit that Harnam Singh deceased was the owner in possession of the suit property and that he had expired intestate at Delhi. It was alleged that the defendants were claiming the suit property left by Harnam Singh, on the basis of a false Will dated 1.9.1993 in favour of defendants No. 1 to 3. It was alleged that in fact Harnam Singh deceased had never executed any such Will in favour of defendants No. 1 to 3 and the said Will was not valid and was the result of fraud, coercion, misrepresentation and undue influence. It was alleged that Harnam Singh deceased was ill for the last thre












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