KAMLA Vs. POONAM AND ANOTHER

JUDGEMENT

(1.) The appellant/plaintiff Kamla has filed the present Regular Second Appeal against the judgment and decree dated 26.3.2010 passed by learned District Judge, Kaithal, whereby her appeal against the judgment and decree dated 3.1.2007 passed by learned Civil Judge (Senior Division), Kaithal was dismissed.

(2.) Briefly stated, one Siya Nand was owner in possession of the agricultural land, residential house and a plot having three shops as detailed in Para 1 and 2 of the plaint. He died at Village Bir Bangra, District Kaithal. The appellant/plaintiff No.1 was daughter of Siya Nand, whereas plaintiff No.2 Shanti Devi was his widow. The respondent/defendant is the daughter of pre-deceased Janki Devi, daughter of Siya Nand. Siya Nand had no child of his own and has kept the husband of the appellant/plaintiff No.1 Ilam Singh as his Ghar Jamai in order to secure the help of plaintiff and her husband in day to day life. Siya Nand bequeathed all the property in favour of appellant/plaintiff No.1 by executing a Will on 7.2000. The appellant and her husband had been living with Siya Nand from the very beginning. On the basis of the Will, the appellant had sought a declaration to the effect that she was owner in possession of the above property. The respondent/defendant admitted that Siya Nand was owner in possession of the alleged property and the relationship with the deceased, as pleaded in the plaint. However, defendant has contended that property left by Siya Nand as detailed in the plaint devolved upon the parties by way of natural succession and mutation No.807 dated 23.2000 and mutation No.5959 dated 19.2000 were sanctioned in favour of the parties as per law. The appellant/plaintiff had set up the Will before the Assistant Collector 1st Grade, Kaithal but he did not accept that Will a genuine document and sanctioned those mutations on the basis of succession. It has further been pleaded by the respondent/defendant that Siya Nand had never executed any Will rather the same was a forged and fabricated document. The appellant in connivance with her husband Ilam Singh has allegedly prepared the Will after the death of Siya Nand. Siya Nand was confined to bed for the last three years and at the time of execution of the Will, he was neither in a position to walk nor able to speak and understand the things. Thus, he was not in sound disposing mind. It was denied that in lieu of services rendered by the appellant and her husband, Siya Nand executed the Will in their favour.

(3.) From the pleadings of the parties, the following issues were framed by the lower Court :-