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1989 Supreme(Mad) 254

SRINIVASAN
Smt. Vyjayanthimala Bali, Trustee of the estate belonging to the deceased Dr. Chaman Bali – Appellant
Versus
Rattan Chaman Bali – Respondent


Advocates Appeared:
G. Subramaniam for S. Thiruvenkata-samy for plaintiff. L.A. Kripalani for defendant.

Judgment :-

1. The prime question to be decided in this proceeding is whether the will dated 10th July, 1985 is genuine and validly executed and attested. The plaintiff, claiming to be the executrix appointed under the will, applied in O.P. No. 477 of 1986 for grant of probate to have effect throughout the whole of Union of India. On the filing of the caveat by the defendant, the original petition was converted into a suit numbered as T.O.S. No. 19 of 1987.

2. The undisputed facts are as follows :—Dr. Chaman Lal Gurdasram. Bali, the deceased husband of the plaintiff, had married originally a lady by name Ruby. Three sons named Ratan, Rajan and Raman were born of the marriage on 15-9-1954, 5-8-1957 and 25-5-1959 respectively. The family was living in No. 34, Union Park, Chembur, Bombay. In January 1965, Dr. Chamanlal Bali left the family and began to reside at Mirabell Hotel, Bombay. Sometime thereafter, he began to live with the plaintiff at Ashoka Apartment s, Napean Sea Road, Bombay. In 1966, Mrs. Ruby Bali initiated a maintenance proceeding against Dr. Bali and he filed a petition against her for judicial separation in the City Civil Court, of Bombay. Thereafter, she filed a peti












































































































































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