CHOTTU RAM Vs. RAMESH KUMAR AND ORS

JUDGEMENT

(1.) Defendant No. 2-Chottu Ram, who was successful in the trial Court, but has been unsuccessful in the lower appellate Court, has filed the instant second appeal.

(2.) Respondent Nos. 1 and 2 - Plaintiffs filed suit against Appellant Defendant No. 2 and proforma Respondent Nos. 3 to 5 (Defendant Nos. 1, 3 and 4). Dispute in the suit is regarding share of Siri Chand in agricultural land. The Plaintiffs claimed to be owners in possession of the said share on the basis of registered Will dated 26.10.1998 executed in their favour by Siri Chand. The Plaintiffs, therefore, also challenged the inheritance mutation regarding share of Siri Chand in favour of Defendants. Ancillary reliefs including permanent injunction were also claimed.

(3.) Only Defendant No. 2 contested the suit whereas other Defendants were proceeded ex parte. Defendants No. 1 and 2 are brothers whereas Defendant Nos. 3 and 4 are sisters of Siri Chand since deceased. Defendant No. 2 denied the averments of the Plaintiffs regarding the Will. It was pleaded that Siri Chand was old illiterate villager and was hard of hearing. His eye sight was also weak. He was not mentally fit on account of old age. Alleged Will is illegal and fraudulent. Plaintiffs have no concern with the land of Siri Chand. Various other pleas were also raised.