CHAND RANI Vs. JOGINDER PAL

JUDGEMENT

(1.) The present is an unfortunate legal battle between sons of Beli Ram on one side and progeny of their sister Ms. Shanti Devi with regard to inheritance to land measuring 13 acre 14 marlas, inherited by Ms. Shanti Devi on the death of her father Sh. Beli Ram. Sh. Beli Ram was succeeded by three sons and one daughter namely Shanti Devi. The appellants- plaintiffs have ventured to exclude children of Ms. Shanti Devi from inheritance to her estate by setting up registered Will dated 6.5.1983, purported to be executed by Ms. Shanti Devi in her sound disposing mind. The courts have rejected the Will with the findings that the same is shrouded by suspicious circumstances which the appellants have failed to successfully dispel and explain.

(2.) There is no dispute between the parties with regard to relationship between the appellants-plaintiffs and defendants. Ms. Shanti Devi passed away on 30.6.1994. There was litigation between the parties with regard to sanction of mutation qua share of Ms. Shanti Devi to the extent of 13 acre and 14 marlas.

(3.) The whole controversy in the present appeal revolves around, whether findings of the courts rejecting the aforesaid Will are the result of perversity and liable to be interfered with.