JAGDISH CHANDER Vs. SATISH CHANDER AND OTHERS

JUDGEMENT

(1.) Leave granted.

(2.) The appellant in this appeal was the first defendant in the suit in, Civil Suit No. RBT 1251/95/92 filed before the Sub-Judge, 1st Class, Jawali, District Kangra, Himachal Pradesh. This appeal is filed aggrieved by the judgment dated 25.10.2016 in Regular Second Appeal No. 383 of 2007 passed by the High Court of Himachal Pradesh, at Shimla.

(3.) The first respondent-plaintiff has filed the aforesaid suit for declaration to the effect that he is joint owner to the extent of 435/924 shares i.e 0-04-57 hectares in the suit scheduled land. It was his case in the suit that Smt. Vidya Devi, the mother of the plaintiff and the first defendant was the original owner of the suit land. She executed a registered Will in favour of him and the appellant herein on 09.04.1991. As per the Will, 0-03-84 hectares of land was bequeathed to the plaintiff and 0-02-85 hectares of land was bequeathed to the appellant herein. Smt. Vidya Devi had also executed a Will in respect of other land in favour of the proforma respondent nos. 2 and 3 herein. It is the allegation of the respondent No. 1-plaintiff that the appellant herein by playing fraud on Smt. Vidya Devi, on 23.04.1991, got executed a fictitious gift deed without her knowledge and consent. It is further pleaded that the suit land is ancestral property and the parties are governed by Kangra Customary Law to inherit the land as such he is entitled for declaration as prayed for.