BHAGAT RAM ALIAS BHAGAT SINGH Vs. SHAMSHER SINGH

JUDGEMENT

(1.) THIS is plaintiff's appeal against the judgments and decrees of the Courts below whereby their suit for declaration has been dismissed.

(2.) BRIEFLY put, the plaintiffs instituted suit for declaration and permanent injunction to the effect that they are owners in possession of suit land detailed in paras (a), (b) and (c) of the head-note of the plaint situated in village Patti, H. B. No. 287 and that the defendant be restrained from interfering in their possession over the said land. It was averred that the suit property was owned and possessed by Dasondhi Ram son of Labha and a part of it was also owned and possessed by them. The said Dasondhi Ram died on 27-4-1975 issueless. His wife had pre-deceased him. The plaintiffs further averred that they were entitled to succeed to his estate under the Hindu Succession Act ; and otherwise also they were his natural heirs. Plaintiffs Nos. 2 and 3 are sons of Sucheta real brother of Dasondhi Ram whereas plaintiff No. 1 is the son of Rattan Singh alias Thakur the pre-deceased son of Sucheta. It was further aver- red that after his death, the estate of Dasondhi devolved upon them and thus they came into possession of his property-both moveable and immoveable It was also stated that they used to look after Dasondhi and used to render all types of services to him. The plaintiffs pleaded that the alleged Will dated 8. 12. 1967 executed by Dasondhi in favour of the defendant is false, fictitious and forged document and has been prepared simply to deprive them of their right of inheritance to the estate of Dasondhi. The Will was said to be unnatural and unbelievable on the ground that no reason has been given by Dasondhi for excluding the plaintiffs from inheritance. It was further stated that Dasondhi was not having sound disposing mind at the time of alleged execution of the Will and some other person was made to personate as Dasondhi. Due to old age and sickness Dasondhi Ram was unable to take any prudent decision and that the Will in question is not the result of his free consent. It was further stated that the defendant has no connection or relationship with the said Dasondhi and the Will was the result of undue influence exercised by the defendant on Desondhi. It was further stated that even if the Will is proved to be genuine, it cannot effect their right of inheritance and succession to the estate of Dasondhi.

(3.) THE defendant put in appearance and filed written statement. He denied that the plaintiffs are related to Dasondhi or they have any connection with the suit property or they rendered any services to Dasondhi It was maintained that Dasondhi had executed a valid registered Will dated 8. 12. 1967 in his favour in a sound disposing mind and of his free will. Consequently his properties devolved upon him and he has been in possession of the same as exclusive owner since the death of Dasondhi. The defendant plead- ed that even during the life time of Dasondhi, he used to manage his properties as Dasondhi used to reside with him It was stated that Dasondhi was his maternal uncle he being the son of his wife's brother. Since Dasondhi Ram had no issue, he brought him up and also performed his marriage. Dasondhi Ram had also executed a registered gift deed dated 19. 4j957 in his favour in respect of a part of his property and he is in possession of the same. It was stated that the plaintiffs had always been rude and indifferent towards Dasondhi. It was also stated that the plaintiffs are not the sole heirs of Dasondhi Ram as their sister Kishni Devi is alive. The defendant denied that the plaintiffs are in possession of the suit property.