LAWS(CHH)-2021-1-128

PREMSHEELA Vs. PRASANNA KUMARI

Decided On January 04, 2021
Premsheela Appellant
V/S
PRASANNA KUMARI Respondents

JUDGEMENT

(1.) The appellant's/plaintiff second appeal was admitted for hearing on 6.3.2020 by formulating two substantial questions of law :

(2.) The suit property was held by one Mansai. He had four daughters namely Phabialo, Premsheela, Tarsheela and Prasannkumari. Plaintiff No. 1 Khistpyari is the daughter of Phabialo whereas plaintiff No. 2 Premsheela is the daughter of Mansai and defendants No. 1 and 2 namely Tarsheela and Prasanna Kumari are also the daughters of Mansai. The dispute relates to the property left by wife of Mansai namely Dasri. It is a case of the plaintiffs that mother of plaintiffs namely Dashri allegedly executed a Will dated 16.6.1992 (Ex.D2) in favour of defendants No. 1 and 2, which is a forged Will and they have also right, title and interest in the suit property mentioned in Schedule 'A' and 'B' of the plaint, being the daughters of Dashri, therefore, their title be declared in the suit property and they also be declared to be the joint possession holder of the suit land.

(3.) Defendants No. 1 and 2 filed their written statement and denied the fact that Will (Ex.D2) is forged. It was further pleaded that on the basis of the Will, their lands have also been recorded in the revenue records, as such, they are title holder of the suit land, as such, suit is liable to be dismissed.