SH. RAJESH Vs. SMT. MUNNI DEVI

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 30.03.2009 which has endorsed the finding of the trial judge dated 25.08.2005 whereby the suit filed by the Plaintiff, Smt. Munni Devi, seeking declaration and permanent/mandatory injunction claiming her share in the will dated 19.06.1990 of her deceased father -in -law had been decreed in her favour. A decree of declaration had been passed declaring that the portion/share of the suit property as per the will dated 19.06.1990 was owned by the Plaintiff; Defendant was restrained from dispossessing the Plaintiff from her share in the suit property and interfering in her peaceful possession in the suit property.

(2.) THE case of the Plaintiff was that her father -in -law had expired on 21.06.1990; he had left behind a will dated 19.06.1990. As per the said will, the suit property owned by her deceased father -in -law was to be shared amongst the legal representatives. The husband of the Plaintiff had also expired on 01.05.2000. The Defendant, who was her brother -in -law, had forcibly dispossessed the Plaintiff from the suit property. He was further threatening her. The present suit was accordingly filed.

(3.) ON the pleadings of the parties, following six issues were framed: