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1994 Supreme(HP) 69

DEVINDER GUPTA
PUNNI – Appellant
Versus
SUMER CHAND – Respondent


Advocates Appeared:
Kuldip Singh, for Appellant; A. K. Goel, for Respondents.

JUDGMENT

1. Defendants appeal was admitted on the following two questions of law : "1. Whether will dated 8/6/1983 is executed in accordance with Section 63 of the Indian Succession Act ?

2. Whether the interpretations and inferences drawn from the statements Exhibit D. B., statement of PW 1 Sh. Hans Raj and other evidence on record by the District Judge are correct for holding that will dated 8 / 6/ 1983 is a valid will whereas the will dated 19-6-1983 is shrouded in suspicious circumstances ?"

2. The suit of the plaintiffs-respondents for grant of a decree for declaration as regards their title to part of the estate of one Saudagar, on the basis of Will Ex. PB dated 8th June, 1983 was dismissed upholding the legality and validity of another Will Ex. DA bequeathing the entire property by deceased Saudagar in favour of his daughter Punni, defendant-appellant. The lower appellate Court allowed the plaintiffs appeal through the impugned judgment and decree dated 27th May, 1989 upholding the legality and validity of the Will Ex. PB (wrongly mentioned as Ex. PA) and discarding the Will Ex. DA dated 9th June, 1983. The suit of the plaintiffs was decreed. It is this judgment and decree whic



















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