DHARAM CHAND Vs. MANSA DEVI

JUDGEMENT

(1.) THE present Regular Second Appeal has been admitted for hearing on the following substantial questions of law: - (1) Whether the evidence produced by the respondent being beyond the scope of pleadings, therefore, no reliance can be placed thereon and the suit was required to be dismissed. (2) Whether the subject matter of the dispute can not be decided in the absence of all the necessary parties. Since the plaintiff claimed Will in favour of the appellant to be invalid, therefore, she alone can not be held to be so legal heirs of the deceased and thus dispute could not have been decided in the absence of daughters of deceased Smt. Bhonchi and Smt. Bhujlan.

(2.) IN brief, the facts giving rise to this second appeal are that appellant herein, asserted Will dated 22.8.1995 alleged to be executed by Shri Dhari Ram, husband of the respondent in his favour and also in favour of the respondent in equal share. On its basis mutation No.389 was accepted and attested on 18.11.1995 to the exclusion of all other legal heirs. Respondent wife of the testator filed the suit challenging the Will and pleaded that she and her husband belonged to Ghirath community and used to earn their livelihood by cultivating the land. Thus, they were governed by Kangra Customary law in the matter of alienation and no male could alienate his property by way of Will, gift, sale etc. Thus, the Will in question was wrong, illegal and not binding on her right, title and interest and sought declaration that the mutation accepted and attested on the basis of Will was wrong and illegal.

(3.) THESE facts were denied in replication filed by the plaintiff -respondent and even paras of the plaint were reiterated.