BALDEV CHAND (DECEASED) AND ANOTHER Vs. THE MANAGING COMMITTEE DR. HARI RAM HIGHER SECONDARY SCHOOL, DATARPUR AND OTHERS

JUDGEMENT

(1.) The plaintiff-appellants filed a suit for declaration and possession of the property described in the plaint. Their suit having been dismissed by the learned trial Court and the appeal having met the same fate, they have come to this Court in the present second appeal. A few facts may be noticed.

(2.) Raja Ram was the original owner of the property. On Sept. 13, 1954 he executed a Will regarding his property. This Will is on record as Ex.DX. In this Will he inter-alia stated that "so far as I remain alive I will be owner of my movable and immovable property. After my death, my wife Smt. Bishan Devi will be owner like me till her life and after her death the whole property i.e. movable and immovable etc. would be the ownership of the Managing Committee of Dr. Hari Ram Higher Secondary School, Datarpur...." It is further stated that Dr. Hari Ram Higher Secondary School, Datarpur would have every right to utilise my property and no person would have any objection to the utilisation of the same by the school. No person would have any connection with movable and immovable property." Raja Ram died in the year 1962. On Jan. 28, 1964, mutation regarding the property was sanctioned in favour of his widow Bishan Devi.

(3.) On July 8, 1965, Bishan Devi executed a Will in favour of Baldev Chand, Parkash Chand and Jamna Dass (the present appellants), regarding a part of the disputed property. However, on June 5, 1972, she executed another Will, which has been produced on record as Ex. P.l, by which the whole property was given to the aforesaid three persons. Bishan Devi died on June 9, 1972. After her death, mutation proceedings in respect of the property were initiated. During the said proceedings, the Managing Committee of the School produced the Will dated Sept. 13, 1954 and claimed that the plaintiff-appellants have no right or title to the property. Mutation was actually sanctioned in favour of the school. Aggrieved thereby, the plaintiff-appellants filed the suit out of which the present appeal has arisen. It was claimed that Smt. Bishan Devi had become an absolute owner and that she had rightly executed the two Wills as a result of which the property devolves upon the plaintiff-appellants. It was further averred that the Will dated Sept. 13, 1954 was not a valid one. The plaintiff-appellants in fact did not even admit the factum of the Will. It was also said that it was not a genuine document and Raja Ram was not in a sound disposing mind while executing the Will.