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1955 Supreme(P&H) 64

KHOSLA
Mst. Gori – Appellant
Versus
Munshi Ram – Respondent


Judgment

Khosla, J.

1. The dispute in this second appeal relates to the property left by one Sukh Dial. Sukh Dial had a wife, Daromati, and two daughters, Bhagwati and Gauri. Each daughter had two sons. The dispute is between the sons of the two daughters and the facts giving rise to this dispute are briefly as follows. Sukh Dial died on 21-3-1942 and after his death his land was mutated in the name of his widow, Daromati.

Daromati made a gift of the land to the sons of one daughter, Bhagwati. Daromati claimed to rely upon a will alleged to have been executed by Sukh Dial on 17-1-1942, i.e., a little more than two months before his death. Pohlo and Munshl, sons of Bhagwati, defendants, are in possession of the land.

The plaintiffs are the second daughter of Sukh, Dial and her two sons, Agya Ram and Onkar Chand. They filed the present suit for a declaration that the will was a fictitious document and the gift by Daromati in favour of her two grandsons, Pohlo and Munshl, was Invalid and illegal.

The suit was decreed by the trial Court on the finding that the will was a forged document and the widow could not make a gift or property inherited by her from her husband. On appeal the lear





















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