PRATIBHA AND ANOTHER Vs. NANDI DEVI AND OTHERS

JUDGEMENT

(1.) Plaintiffs-Appellants are in the regular second appeal against the judgments passed by the Courts below dismissing their suit for declaration with consequential relief of permanent injunction.

(2.) In the considered opinion of this Court, the following substantial questions of law arise for consideration:-

(3.) Dispute in the present case is with respect of estate of Karam Singh Chauhan who died on 27.09.2002. He left behind a widow, one sonSuresh and four daughters namely Neena, Sunita, Anito and Kanta. Suresh married after the death of his father with plaintiff-appellant No.1-Pratibha on 16.09.2006 and a daughter Reshu was born to the married couple on 10.10.2007. Suresh died on 06.06.2008. Widow of Suresh and her minor daughter from Suresh are the plaintiffs-appellants claiming that Karam Singh Chauhan had executed a registered testament in favour of his sonSuresh on 16.08.2002 and therefore, she is owner of the property detailed in Para 5(i) (ii) and (iii). The plaintiff claims that she previously filed a suit for injunction claiming 1/6th share but later on she came to know about the Will and hence, she withdrew the suit with permission to file fresh one on 05.09.2008 and the present suit was filed on 09.09.2008. It has further been pleaded that the Will might be in the possession of her mother-in-law i.e. defendant No.1. She also challenged mutation of the property on the basis of natural succession ignoring the Will.