LAKSHMI CHAND KHAJURIA Vs. ISHROO DEVI

JUDGEMENT

(1.) This appeal is preferred by the defendant in the suit on a certificate of witness granted by the High Court of Jammu and Kashmir under Art. 133 of the Constitution.

(2.) The respondent, Ishroo Devi, filed a suit for a decree for possession of all the three items of property mentioned in the plaint and for future mesne profits. It was alleged that the three items of property mentioned in the plaint were the self-acquired properties of one Purohit Mani Ram. He executed a will on 25th May, 1959, out of his own free will in favour of the respondent. The original will was attached to the plaint. Purohit Mani Ram died on 24th March, 1960, at Jammu and the respondent claimed to be the sole owner of the properties.

(3.) The first appellant is the son, the second appellant is the wife and the third appellant is the grand-daughter of Purohit Mani Ram. In the plaint it is alleged that the first appellant after the death of Purohit Mani Ram got rent deed executed in his favour and also recorded mutations in his name and dispossessed the respondent. The respondent also claimed that the three items of property were the separate properties of Purohit Mani Ram and that he was entitled to dispose of them under a will. In the written statement the appellants averred that the properties belonged to the joint family of which the first appellant and his father, Purohit Mani Ram, were members and as the properties were joint family properties, they cannot be disposed of by will. It was further alleged that the will was a forged one and is fictitious.