LAWS(P&H)-1995-11-60

KISHAN CHAND Vs. BASANTI DEVI

Decided On November 09, 1995
KISHAN CHAND Appellant
V/S
BASANTI DEVI Respondents

JUDGEMENT

(1.) THIS is plaintiffs' appeal against the judgment and decree of the Additional District Judge whereby the appeal filed by the defendant was accepted thereby dismissing the suit of the plaintiffs.

(2.) PLAINTIFFS claimed themselves to have succeeded to the estate of their uncle Jumma Ram alias Jumma who was alleged to have died issueless on the basis of Will dated 1.9.1978 executed in their favour whereby he bequeathed the property in dispute to the plaintiffs. It so happened that on the death of Jumma Ram mutation was sanctioned in favour of Smt. Basanti alleged to be widow of Jumma Ram and so the plaintiffs approached the court for setting aside the mutation sanctioned in favour of Smt. Basanti and accepting their claim.

(3.) ON the pleading of the parties, following issues were framed:-