MOHINDER KUMARI Vs. PREM LATA

JUDGEMENT

(1.) THIS is a Regular Second appeal preferred by Mohinder Kumari, one of the defendants before the trial Court against the judgment and decree dated 1-6-1991 passed by Shri A. S. Sodhi, the then additional District Judge, Hoshiarpur.

(2.) THE brief facts of the case are that prem Lata, plaintiff, now respondent in this appeal, filed a suit for declaration on the averments that she was married with Shri hari Chand Badial but no issue was born. With the sale proceedings of golden ornaments and other items of Istri Dhan of the plaintiff, Prem Flour Mill was installed. She was the sole owner of the mill. Hari Chand was owner in possession of land in suit along with some houses. After the death of Hari chand on 3-7-1983, she along with defendant nos. 1 to 4, who are son and daughters of previous wife of Hari Chand were entitled to succeed to the property of Hari chand in equal shares. Hari Chand had not executed any Will of his estate in sound disposing mind.

(3.) IT is further pleaded that if defendant nos. 4 to 6 succeeded in proving the genuineness of the alleged Will dated 12-7-1983, then she is entitled to be maintained from the property left by Hari Chand deceased as his legally wedded wife as she has no source of income. She claimed maintenance at the rate of Rs. 1,000/- per month.