HAZARA BRADI Vs. LOKESH DUTTA MULTANI

JUDGEMENT

(1.) Defendant/Appellant herein is aggrieved by the judgment of the Division Bench of the Delhi High Court in RFA (OS) 21 of 1980 dated 17-10-2000 wherein the Division Bench while setting aside the judgment and decree passed by the single Judge trying the suit on the original side has decreed the suit filed by the plaintiff/respondent herein.

(2.) Sardar Sujan Singh, aged 77 years, a retired Income Tax Officer executed a Will on 7-12-1960 declaring (a) that after his death his wife Smt. Ram Kaur will be entitled to all his properties movable and immovable of every kind and description and further she will have full control and right over the income from the immovable property; (b) that Smt. Ram Kaur will not be entitled to sell, mortgage or dispose of by gift or Will, any part or whole of the immovable property of any kind left by the testator; and (c) that after the death of Smt. Ram Kaur all the properties, movable and immovable, and sums due to Sardar Sujan Singh or Smt. Ram Kaur or deposits at any place or with any bank or office shall be the sole property of Lokesh Datta Multani son of late Pt. Thakur Datta Multani who treats the testator and his wife just like his parents and whom they treat as their son and he has been taking care of them for the last more than 10 years.

(3.) Sardar Sujan Singh died at Indore in the Nursing Home of his nephew Prithipal Singh on 24-08-1963. Bhog and other ceremonies were performed at Delhi by Smt. Ram Kaur, Prithipal Singh and others.