Supreme Court of India
Varadarajan v. Kanakavalli & Ors.
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What the Court ordered
In view of the aforesaid judgments, we find that the appellant is the sole claimant to the estate of the deceased on the b asis of Will.
Judgment, page 12
From the headnote
Code of Civil Procedure, 1908 – Or. XXII, r.5 and s .115 – Wife filed suit inter alia for partition in respect of the suit property as the successor-in-interest of her husband – Husband had a son f rom his earlier marriage – Suit decreed – She sought executi on of the decree but, died soon thereafter – Appellant, the son of deceased’s younger sister filed application to execute the decree as her legal representative on the basis of a Will – Allowed – Appe llant sought eviction of the respondent and for delivery of vacant poss ession of the premises – Executing Court held that the appell ant
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