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1997 Supreme(J&K) 12

R.C.GANDHI
Bimla Devi – Appellant
Versus
Bimal Kumar – Respondent


Advocates Appeared:
Advocate For Appellant: J.S. Kotwal
Advocate For Respondent: N.P. Kotwal

1. The suit in which this revision has arisen was instituted by the petitioner-plaintiff Bimla Devi seeking declaration and perpetual injunction claiming that she being the widow of Chuni Lal son of Amar Singh by virtue of a ˜will™ executed by the deceased Chuni Lal is entitled to the property after his death and a mutation on the basis of the ˜will™ already stands attested in her favour. The suit was resisted by the otherside and the trial court upon the pleadings of the parties, framed the issues and one of the issues so framed is that,

whether deceased Chuni Lal executed WILL on 15.12.1973 in favour of the plaintiff and what is its effect on the suit. OPP

The parties led their evidence and the suit has been transferred to the Collector, Agrarian Reforms after holding that the validity and execution of the ˜will™ stand proved and consequently what is the effect of the will on the suit property. While dealing with this proposition, the trial court observed that Sections 30 and 31 of the Agrarian Reforms Act 1976 hereinafter referred to as the Act) it made applicable to the ˜will™ the authorities created under the Agrarian Reforms Act have to hold an inquiry as to whether what is th































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