KALAWATI Vs. SOMA DEVI

JUDGEMENT

(1.) This is plaintiff's second appeal whose suit was dismissed by the trial Court but was decreed partially in appeal. One Hako Ram was the real owner of the suit land. He earlier married to one Ramo from whom he had three daughters. Since no son was born to her, he married one Kalawati from whom he got two daughters and two sons. Hako Ram is stated to have made a Will dated 18.6.1969 in favour of his widow Kalawati and two sons from her. On the basis of the said Will, the present suit was filed by Kalawati and her two sons Rachhpal Singh and Raghbir Singh. The suit was contested, inter alia, on the grounds that the alleged Will was not genuine and was a forged document and it was so found during the mutation proceedings as well.

(2.) The trial Court found that the impugned Will was not the voluntary testament in sound and disposing mind of Hako Ram and as such was not a valid Will having no binding effect on the rights of the defendants in the estate of Hako Ram. Consequently, the plaintiffs' suit was dismissed. In appeal, the learned Additional District Judge affirmed the said finding of the trial Court but modified its decree on the ground that the plaintiffs were entitled to 3/8 share of the suit land measuring 489 kanals 9 marlas being natural heirs of deceased Hako Ram.

(3.) The learned counsel for the petitioners submitted that the suspicious grounds given by the Courts below are not tenable. The Will was a genuine document. The findings arrived at, therefore, are vitiated. On the other hand, the learned counsel for the respondents submitted that on appreciation of entire evidence it has been found as a fact that the deceased was not in sound disposing mind at the time of execution of the Will and that being the finding of fact should not be interfered with in appeal.