The Appellate Court held that the Will was duly executed, the execution and attestation has been proved and the petitioner being the sole surviving male member of the testators family, it will go to him as per the said Will.
9 on the ground that the plaintiff is the owner of the suit property as deceased Nathuram has executed a Will in his favour and further, he is the sole surviving male member of the family.
1 to 4 filed second appeal before the High Court.
During the pendency Sundarabai died and her LRs were brought on record.
The Appellate Court further records that Sundarabai was number the sister of the testator Nathuram, hence number entitled to succeed or alienate the property.
The appeal was allowed and the trial companyrt judgment was set aside.
The case in the pleading is that she is the daughter of one Dhatole and sister of deceased testator.
The present appellant filed a suit in the Court of Civil Judge for declaration and injunction against defendant Sundarabai and respondent No.
4 and 5.
1 to 4.
Her case is, she sold all this property to respondent Nos.
Sundarabai has numbertitle or interest in the property.
Heard learned Counsel for the parties.
The defendant Sundarabai companytested by denying this claim.
The petitioner filed an appeal.
The respondent Nos.
