RAM RACHHPAL Vs. KAILASH CHANDER AND ORS.

JUDGEMENT

(1.) THIS judgment shall dispose of Regular Second Appeals No. 473 of 1981 and 2726 of 1983, which are arising out from two different suits, pertaining to the same property.

(2.) R .S.A. No. 473 of 1981 has been filed by defendant No. 1 Ram Rachhpal against the judgments and decree passed by both the courts below, whereby suit of the plaintiffs Kailash Chander, Smt. Indra and Smt. Tara, son and daughters of late Munshi Ram, for joint possession of the suit disputed property was decreed.

(3.) THE brief facts, which are necessary for the disposal of both these appeals (which are being taken from R.S.A. No. 473 of 1981), are that one Munshi Ram was owner of the suit property. He was married to one Smt. Atti alias Atma Devi. No issue was born from the said wed -lock. After some time of the said marriage, when no issue was born, Munshi Ram performed second marriage with one Anjana Bai, much before the enactment of the Hindu Marriage Act, 1955. From the said wed -lock, the plaintiffs Kailash Chander, Smt. Indra and Smt. Tara were born. After the death of Munshi Ram, Atti @ Atma Devi, being his widow, got l/4th share of his property and the remaining 3/4th share was mutated in favour of the plaintiffs, being son and daughters of Munshi Ram. On 8.1.1975, Smt. Atti @ Atma Devi died. After her death, Kailash Chander and his two sisters filed the instant suit alleging therein that they are son and daughters of late Munshi Ram and are entitled to l/4th share of Smt. Atti @ Atma Devi, who inherited the same from her late husband Munshi Ram. It is alleged that Smt. Atti @ Atma Devi was having no issue and the plaintiffs being her step son and daughters are entitled to inherit her share in the suit property. It is further alleged that after the death of Smt. Atti @ Atma Devi, defendant No. l Ram Rachhpal (appellant herein), who is her nephew (brother's son) took the forcible possession of the suit property on the basis of a Will dated 7.9.1974, which was registered on 6.12.1974, allegedly executed by Smt. Atti @ Atma Devi in favour of defendant No. l. It was alleged that the said Will was a forged and manipulated document, as Smt. Atti @ Atma Devi was a lady of weak health and was not in a capacity to understand her right and wrong and she never executed the said Will of her own free will. Therefore, the same is not binding on the plaintiffs.