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1972 Supreme(All) 256

A.K.KIRTY, C.D.PAREKH
Dayali Devi – Appellant
Versus
Captain J. M. Mitra – Respondent


Advocates:
K.C. Saxena, Radhakrishna, Kumar Chand and S.C. Dey, for Appellant; Parvin Chaturvedi, R.C. Ghatak, N.D. Pant and Virendra Singh, for Respondents.

Judgement

KIRTY, J. :- Suit No. 31 of 1958, giving rise to this appeal, was instituted on February 1, 1957 by Dr. J. N. Mitra, in his capacity as the executor of the will of Shamsher Singh dated 14th July, 1944, against Smt. Dayali Devi, widow of the said testator. Shamsher Singh died issueless on January 20, 1946. Under the will, Smt. Dayali Devi was given a right of residence and a life interest in the income from the estate, the management of which was vested in and entrusted to Dr. Mitra, the executor, and after her death the entire estate was to be given to the trustees of the Ram Krishna Mission, Kankhal, Hardwar in trust for founding and maintaining a hospital. The relief sought in the suit was for possession of the properties mentioned in the Schedule appended to the plaint, subject to the rights and interests of Dayali Devi therein. Shamsher Singh's sister, Smt. Dewa Devi was impleaded as defendant No. 2 at her own instance and in pursuance of an application made by her. The suit after contest by both the defendants was decreed in toto by the trial court by judgment and decree dated March 27, 1963. The instant appeal was filed by Dayali Devi alone against the plaintiff, in
















































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