MAYA RAM Vs. KESHO DEVI

JUDGEMENT

(1.) The present regular second appeal has been filed by the unsuccessful plaintiff-appellant challenging the dismissal of his suit by the Civil Judge (Jr.Division), Ambala on 30.11.2017, which judgment has been upheld by the Addl.District Judge on 11.12.2019.

(2.) Counsel for the appellant has vehemently submitted that the Will dated 27.09.2004 was not duly proved by the defendant-respondents and they having propounded the same were under an obligation to prove the same, as per the provisions of the Indian Succession Act and Section 68 of the Evidence Act. It is, thus, submitted that the suit was wrongly dismissed since there was no issue framed on the validity of the Will.

(3.) A perusal of the paperbook would go on to show that the suit was filed for declaration by the plaintiff-appellant who is the son of the testator-Nanak Ram who claimed to be the owner of 1/4th share of the land described in the heading of the plaint. Resultantly, the Will which was got registered in the office of the Sub-Registrar, Mullana by the deceased Nanak Ram who had expired on 23.01.2015, was challenged on the ground that he had not executed the same during his life-time. Resultantly, the plaintiff alleged that he was a coparcener in the family and had a vested right and sought the benefits of succession qua his stepmother, 2 brothers and sister. It was alleged that the first wife of Nanak Ram, Smt.Bakhtauri was never divorced and was still alive and living in some village of Punjab and Nanak Ram had never executed the Will.