- (1.) Being aggrieved by the judgment delivered in Regular Second Appeal No.959 of 2001 and CM No.4711-C of 2002 and Cross Objection No.17-C of 2001, dated 21st September, 2005, by the High Court of Punjab & Haryana at Chandigarh, this appeal has been filed by the original defendants.
(2.) Facts leading to the present litigation in a nutshell are as under : Late Shri Atam Parkash had married to Smt. Raj Kumari on 20th September, 1961 as per Hindu rites and customs and by that marriage, they had a daughter named Ms. Nishoo @ Meeshu. During the subsistence of the afore- stated marriage, late Shri Atam Parkash also married to Smt. Krishna on 16th June, 1970 at Arya Samaj, Anarkali, Mandir Marg, New Delhi, and by the second marriage they had a daughter named Payal.
(3.) During his life time, late Shri Atam Parkash had executed a Registered Will on 9th April, 1982 and by virtue of which he had bequeathed his movable and immovable properties in favour of Smt. Krishna and his daughter Payal.;