NARESH KUMAR Vs. CHINTO DEVI

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 16.04.2008, passed by the learned Courts below, vide which the suit filed by the respondent/plaintiffs for possession as owners of land measuring 28 kanals, situtated at village Karasan, Tehsil Naraingarh, District Ambala, on the basis of inheritance, stands decreed. The respondent/plaintiffs had also challenged the 'Will' dated 18.6.1982 propounded by the appellant, to be absolutely wrong, inoperative and a forged document.

(2.) The suit was contested by the appellant/defendants on the plea, that the deceased-Norata Ram executed a registered 'Will' in favour of appellant/defendants, bequeathing the property in their favour for the services rendered by them in his old age. The plea of adverse possession was also raised. The defendants further claimed themselves to be adopted sons of Norata Ram. On the pleadings of the parties, the learned trial Court framed the following issues: -

(3.) On appreciation of evidence, the learned Courts below recorded a concurrent finding of fact, that the suit land was not ancestral property in the hands of late Sh. Norata Ram and issue No.1 was decided in favour of the appellant/defendants. On issue No.2, the learned Courts below held, that the plaintiffs being daughters of late Sh. Norata Ram, were entitled to inherit the property, and claim possession.