SHARDA NAND KHANNA Vs. VISHWA NAND KHANNA

JUDGEMENT

(1.) Copy of Will dtd. 24/3/1971 is taken on record. Main case The present regular second appeal is at the instance of defendants No.1, 2 and 15 against the judgment and decree of the lower Appellate Court whereby suit of the respondents No.1 to 3 (now being represented through LRs) (hereinafter called plaintiffs) for declaration of joint possession of land measuring 150 kanals 11 marlas out of land measuring 401 kanals 9 marlas by way of natural succession qua share of Ram Piari dismissed by the trial court, has been decreed by the lower Appellate Court.

(2.) By giving pedigree table of their father Parma Nand Khanna and mother Ram Piari, who died in 1934 and 1978 respectively, it was alleged that Ram Piari died intestate and left behind four sons and three daughters, who were liable to succeed on the ground of natural succession being an ancestral property and the Will, if any, propounded by the defendants was forged and fabricated. It was asserted that defendant No.15 was an adopted son.

(3.) Defendants No.1, 2 and 15, appellants herein, contested the suit by raising preliminary objections and propounded Will vide which Ram Piari had bequeathed 50% of the property to defendant No.15 and 25% each to defendant No.1 and plaintiff No.1.