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1964 Supreme(P&H) 109

H.R.KHANNA, A.N.GROVER
Asharfi Devi – Appellant
Versus
Tirlok Chand – Respondent


Judgment

A.N.Grover, J.

1. Manohar Lal, who was the last holder of the property in dispute, executed a will on 3rd January 1927 in favour of his wife Mst. Asharfi Devi bequeathing his entire property, with the exception of one pukhta haveli, to her. It was stated in the will that Prem Chand defendant-respondent had been living with him and that he desired to perform the ceremony of his adoption on 6th February 1927. Even after the adoption ceremony, Mst. Asharfi Devi was to be the full owner of the entire property and if the relations became strained between her and Prem Chand, then she was to pay Rs.5,000/- to him for purposes of business. After Mst. Asharfis death, Prem Chand was to be the full owner of the entire property of every description. This will was attested by two witnesses, Shiv Dhian Singh and Nand Kishore and it was presented for registration by Manohar Lal, who appeared before Neki Ram Sub-Registrar on 8th January 1927, the Sub-Registrars endorsement being of the same date. Indeed the will was also registered on the same day. Manohar Lal died on 17th August 1950 leaving behind Mst. Asharfi Devi, his widow, and Prem Chand, the adopted son who had a son of the name of























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