KEWAL KRISHAN AND ORS. Vs. GURDEV CHAND

JUDGEMENT

(1.) THE Plaintiff Respondents had brought this suit for possession claiming that they are the natural heirs of Sheela Wanti, deceased & the Defendant -Appellants are in illegal possession of the property in dispute as they have nothing to do with the succession of Sheela Wanti deceased. House No. ND -132, situated in Mohalla Bikrampura, Jullundur City belonged to Ram Partap uncle of the Plaintiff -Respondents. He died somewhere in the year 1962 -63. On his death Smt. Sheela Wanti, being his legal heir, inherited the property. She was murdered and it is claimed by the Plaintiff -Respondents that they being the sons of Ram Partap are entitled to succeed to Sheela Wanti and the Defendant -Appellants are in forcible possession of the house belonging to Sheela Wanti. The Plaintiff -Respondents have claimed possession.

(2.) THE Defendant -Appellants had resisted the suit on a number of grounds and Kewal Krishan had pleaded that the deceased had made the Will in his favour on 28th June, 1974 while she was in her sound and disposing mind. It was not denied that the house in question belonged to Sheela Wanti. On the pleadings of the parties, the following issues were framed:

(3.) WHETHER Shrimati Sheela Devi executed a valid Will is favour of Defendant No. 1? OPD.