HARBANS DEVI Vs. KULDIP SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment of the Additional District Judge, Hoshiarpur dated 6.9.1982 dismissing the appeal of Harbans Devi, plaintiff against the judgment land decree passed by the Sub Judge IInd Class, Garhshankar dated 5.12.1978 whereby the suit of the plaintiff was dismissed.

(2.) THE plaintiff had filed a suit for declaration to the effect that she was the absolute owner in possession of land as detailed in the heading of the plaint situated in the area of Village Badesron, Hadbast No. 270, Tehsil Garhshankar. She claimed that her mother Smt. Gokli Devi, who was the owner of the suit property, had died leaving her as the sole and exclusive heir. She also claimed that Smt. Gokli Devi had executed a Will dated 8.7.1975 in her favour.

(3.) THE plaintiff, on the other hand, claimed that her mother Smt. Gokli Devi had never executed Will dated 10.6.1974 and that she was not in a sound disposing mind. It was further claimed that Smt. Gokli Devi had executed only one will which was dated 8.7.1975 according to which she had bequeathed the entire property in favour of the plaintiff.