LILA DHAR Vs. BADHO

JUDGEMENT

(1.) GANGA Ram died on 17. 8. 1985. His wife had pre-deceased him. During his life time, he executed a registered will dated 2. 4. 1989 Ex. D2 thereby bequeathing his property situated in the State of Rajasthan in favour of one of his daughters Smt. Badho wife of Kalu Ram whereas his property situated in village Jhummian-Wali, District Ferozepur, was bequeathed by him in favour of Lila Dhar son of his other daughter Smt. Gauran. On the basis of will Ex. D-2 mutation in respect of Jhummianwali village property was sanctioned on 30. 1. 1986 in favour of Lila Dhar after contest. Smt. Badho plaintiff, respondent No. 1 herein, instituted Civil Suit No. 128/19-2-1986 in the Court of Sub Judge Ist Class, Fazilka for a decree for declaration to the effect that she and Smt. Gauran defendant No. 1 were joint owners in possession qua Jhumian Wali property fully described in the head note of the plaint. By way of consequential relief, she sought an injunction restraining Lila Dhar respondent No. 2 from interfering in her possession. Permanent injunction was also sought restraining him from alienating the said land in any manner. That suit was contested by Smt. Gauran and Lila Dhar defendants. It was dismissed on 7. 11. 1988 by Shri Dharam Singh, Sub Judge Ist Class, Fazilka.

(2.) FEELING aggrieved the plaintiff preferred Civil Appeal No. RBT 177 of 1988 which was allowed by Additional District Judge, Ferozepur thereby decreeing the suit of the plaintiff vide his judgment and decree dated 6. 2. 1991. The will Ex. D2 was held to be suspicious by the first Appellate Court. It is that judgment and decree of the first Appellate Court which has been appealed against by Lila Dhar defendant and which required my examination of its sustainability.

(3.) I have seen the pleadings in the suit, the evidence adduced by the parties in the suit and the judgments of both the Courts below.