HARBANS LAL Vs. DEV RAJ AND OTHERS

JUDGEMENT

(1.) Plaintiff has filed this appeal against the concurrent judgments and decrees passed by the Courts below in a suit for declaration and permanent injunction.

(2.) Plaintiff alleged that the suit land was originally owned and possessed by deceased Khushia i.e father of the plaintiff and defendants No.1,2,10 and 11. Khushia was grand father of defendants No.3 to 5 and 7 to 9. He was father-in-law of defendant No.6 and maternal grand father of defendants No.12 to 14. Plaintiff further alleged that after the death of Khushia, all his legal heirs are entitled to inherit the suit land in accordance with the provisions of Hindu Succession Act. Plaintiff claimed 1/8th share. Diwan Chand son of Khushia had died who was succeeded by defendants No.3 to 9. One daughter namely Nasib Kaur had also died. Defendants No.12 to 15 have succeeded her. Defendants No.3 to 9 relied upon Will dated 04.06.2001 allegedly executed by deceased Khushia in their favour. Said Will was claimed to be forged and fabricated and was a result of impersonation.

(3.) The suit was contested by the defendants on all counts. On merits, it was pleaded that Khushia executed a valid Will during his lifetime in favour of his son Diwan Chand and grand sons namely Dilawar Singh and Dharam Pal. The Will was duly registered in the office of Joint Sub Registrar, Talwara. Deceased Khushia had purchased the suit property vide three different sale deeds dated 02.12.1971, 21.11.1969 and 31.05.1977. The property was self-acquired property of deceased Khushia. The Will was executed in favour of Diwan Chand, Dilawar Singh and Dharam Pal on account of love and affection of services rendered by them to Khushia during lifetime of deceased Khushia.