SATTAR Vs. CHERIYA

JUDGEMENT

(1.) Challenge in the present appeal has been directed against judgment and decree dated 11.05.2012 passed by the District Judge, Fatehabad whereby appeal against judgment and decree dated 24.02.2010 passed by the Additional Civil Judge (Sr. Div.), Tohana (hereinafter referred to as 'the trial Court ') was accepted, impugned judgment and decree was set aside and suit filed by respondent/plaintiff was decreed and she was declared owner in possession to the extent of 1/9th share of land measuring 51 kanal 7 marlas and get the revenue entries changed/corrected and mutation No. 3854 sanctioned on the basis of Will on 29.03.2007 in favour of defendants No. 1 to 4 was set aside.

(2.) The present lis pertains to inheritance to estate of Kishna son of Chhaju. There is no dispute that out of wedlock of Kishna with Phooli, three sons namely Sattar, Balbir and Balwan defendants No. 1 to 3 were born. Kishna performed second marriage with Cheriya (respondent No. 1 herein) and out of her wedlock with Kishna, four daughters i.e. Anguri, Santro, Kitabo and Seva and one son namely Suresh were born. The respondent/plaintiff claimed right in the suit property being one of the class-I heirs of deceased Kishna. She challenged Will dated 11.09.2000 purported to be executed by Kishna in favour of defendants No. 1 to 4 and mutation sanctioned on the basis of Will.

(3.) Order of notice of motion, reads as follows:-