DHANI RAM Vs. SHIV SINGH

JUDGEMENT

(1.) I.A. No. 151091 of 2023 was filed for deletion of the name of deceased appellant No. 2, the widow of Dhani Ram, from the array of parties. This application is ordered as the sons of Dhani Ram and deceased appellant No. 2 have already been brought on record. Registry shall make necessary changes in the cause title before placing this final judgment in the public domain and/or issuing copies thereof.

(2.) Leela Devi, also referred to as Leela Wati, died on 10/12/1987. Her husband, Sohan Lal, had predeceased her. Dhani Ram, the son of Leela Devi's brother, claimed that she executed a registered Will bequeathing to him the properties left by late Sohan Lal. Shiv Singh, the son of Sohan Lal's brother, instituted Civil Suit No. 200/1 of 1990 on the file of the learned Senior Sub Judge, Solan, Himachal Pradesh, challenging the Will executed by Leela Devi, under which Dhani Ram claimed entitlement to the properties that originally belonged to Sohan Lal.

(3.) By judgment dtd. 30/8/1997, the Trial Court decreed the suit, disbelieving the Will put forth by Dhani Ram. In consequence, the mutation effected by the authorities on the strength of the said Will was also set aside. Shiv Singh was held entitled to a decree of possession, as he was the rightful owner of the suit properties, and Dhani Ram was permanently injuncted from causing interference therewith. Aggrieved thereby, Dhani Ram and the other defendants filed Civil Appeal No. 63-S/13 of 1997 before the learned District Judge, Solan, Himachal Pradesh. By judgment dtd. 12/5/1998, the Appellate Court reversed the judgment and decree of the Trial Court. It held that the Will stood proved and that there were no suspicious circumstances surrounding it. The suit filed by Shiv Singh was accordingly dismissed with costs.