CHANDER KANTA AND ANOTHER Vs. SANTOSH KUMARI

JUDGEMENT

(1.) This is the Regular Second Appeal (RSA) against the judgment of reversal. The respondent was the plaintiff before the trial Court in a suit filed against the defendant-appellants. The prayer made in the suit was for separate possession of 1/3rd share by way of partition by metes and bounds in respect of the property measuring 3 marlas fully detailed in the head note of the plaint.

(2.) The property in suit situate at Dina Nagar in District Gurdaspur was owned by Smt. Bimla Rani the mother of the parties. The plaintiff-respondent filed the suit on the basis of natural inheritance. The defendant-appellants claimed that Bimla Rani executed a Will of her estate on 28.8.2006 which was registered in the office of Sub Registrar, Dina Nagar, bequeathing her estate in favour of defendant-appellants. Smt. Bimla Rani died on 19.12.2006. Bimla Rani had a son who died in an accident on 27.11.1982 for which she laid a claim under the Motor Vehicles Act. The plot measuring 3 marlas situated in the revenue estate of Dina Nagar which is part of the suit property was purchased by Smt. Bimla Rani vide sale deed 7.4.1999. It was alleged that the plaintiffrespondent had been pressurizing her mother to transfer the said plot in her name and on refusal the respondent started maltreating her mother and also gave her beating. It was further stated that the deceased called appellant No. 2-defendant No. 2 at Dina Nagar and she started residing with Bimla Rani and looking after her. In lieu of the services rendered by the defendant-appellants that Bimla Rani executed the Will of her estate.

(3.) From the pleadings of the parties, the learned trial Court framed the following issues:-