http://JUDIS.NIC.IN

SUPREME COURT OF INDIA

Page 1 of 3

CASE NO.:

Appeal (civil) 5032 of 2002

PETITIONER:

Daulat Ram & Ors.

RESPONDENT:

Sodha & Ors.

DATE OF JUDGMENT: 16/11/2004

BENCH:

ASHOK BHAN & S.H. KAPADIA

JUDGMENT:

J U D G M E N T

BHAN, J.

This appeal, by grant of special leave, is directed against the

judgment and order dated 26.9.2001 of a Single Judge of the High

Court of Himachal Pradesh in Second Appeal No. 212 of 1995. The

High Court by the impugned judgment has confirmed the judgment

and decree passed by the first Appellate Court and decreed the suit

filed by the Respondent No. 1.

Facts giving rise to this appeal, in short, are:

One Prati, son of Kamna, executed a Will on 11.01.1977 in favour

of his nephews, appellants herein, bequeathing his entire property in

their favour. In the Will no provision was made by Prati either for his

wife Gulabo or for his daughter Sodha \026 Respondent No. 1 herein

from his another wife Radhi. This Will was duly executed, attested

and registered. Thereafter, on 08.05.1983 Prati executed another Will

wherein he revoked/cancelled his earlier Will dated 11.01.1977 and

bequeathed his property to hi