RAM KISHAN Vs. DILE RAM

JUDGEMENT

(1.) PLAINTIFFS instituted a suit for possession in terms of pleadings that Nihala resident of Village Bazida Jattan, Tehsil & District Karnal was the owner of the suit property. Aforesaid Nihala had not been heard of for more than 10 years and as such he was presumed to be dead under Section 108 of the Evidence Act. PLAINTIFFS claimed that Nihala had executed a Will dated 2.3.1969 in favour of his two daughters namely Shugni and Patori. It was pleaded that Nihala left two daughters as his only legal heirs and as such on the basis of Will and in terms of the Hindu Succession Act, the two daughters were entitled to succeed to the estate of Nihala. Shugni was stated to have died on 14.8.1977 and Patori was stated to have died on 6.6.1976. As such the plaintiffs being the daughters, sons and daughter's daughters of Nihala claimed to have succeeded to his estate. Dile Ram, defendant was stated to be in unauthorized and illegal possession of the suit property. Accordingly, the suit had been filed.

(2.) THE suit was contested by defendant Dile Ram and, who filed a written statement claiming that Nihala had in fact executed a Will dated 30.1.1968 in sound disposing mind. Such Will was duly registered on 31.1.1968 and in terms thereof the defendant was the absolute owner of the suit property.

(3.) THE Trial Court after having heard respective counsel and having scanned the evidence adduced on record decided issue no.1 in favour of the plaintiffs holding them to be the legal heirs of Nihala. As regards issue no.2 the Trial Court held that plaintiffs had failed to prove the due execution of the Will dated 2.3.1969 (Ex.P-1). On issue no.3 Trial Court returned a finding that the Will dated 30.1.1968 (Ex.D-1) stood duly proved. Resultantly, the suit filed by the plaintiffs was dismissed by the Trial Court vide judgement dated 8.1.1983. Aggrieved of the same the plaintiffs preferred a civil appeal and vide judgement dated 1.12.1984 passed by the Additional District Judge, Karnal the appeal has been dismissed and the judgement of the Trial Court stands affirmed. Resultantly, the plaintiffs- appellants are in second appeal before this Court.