SMT. KALAWATI AND ANR. Vs. SIMPOO AND ANR.

JUDGEMENT

(1.) THIS Regular Second Appeal has been directed against the judgment and decree dated 17.12.2009 passed by the learned Additional District Judge, Fast Track Court, Kangra at Dharamshala in Civil Appeal No. 23 -K/13/2008.

(2.) MATERIAL facts necessary for the adjudication of this Regular Second Appeal are that the Respondents -Plaintiffs (hereinafter referred to as the 'Plaintiffs' for convenience sake) filed a civil suit through their mother/natural guardian, as they were minor. It was stated that the suit property, detailed in the plaint, was earlier owned and possessed by one Sh. Diwan Chand and other co -sharers. Sh. Diwan Chand was grand -father of the Plaintiffs, husband of Appellant -Defendant No. 1 and father of Appellant -Defendant No. 2 (hereafter referred to as the Defendants for convenience sake). The relations between Defendants and Diwan Chand were not cordial. Defendant No. 1 had also instituted petition under Section 125 of the Code of Criminal Procedure against Sh. Diwan Chand. Sh. Diwan Chand had executed registered will on 4.7.2000 (Ex.PW -2/A) in sound and disposing mind in favour of Plaintiffs in equal shares and he had also bequeathed house alongwith one Kanal of land of the suit land. Defendants got mutation No. 892 sanctioned in respect of the suit land after the death of Dewan Chand. The mutation was challenged by the Plaintiffs on the ground that the same has been attested by ignoring the duly executed will dted 4.7.2000. The suit was filed for declaration that mutation No. 892 dated 22.8.2001 be declared null and void of the suit property, after the death of Diwan Chand. Defendants filed written statement to the plaint. On merits, Defendants did not dispute that the suit property was earlier owned and possessed by Diwan Chand alongwith other co -sharers. It was denied that relations between Defendants and Diwan Chand were strained. Defendants stated that Diwan Chand used to reside with Bal Krishan. According to Defendants, Diwan Chand was healthy and in good state of mind and he had executed a will in favour of both the parties and he also cancelled the earlier will. According to them, the will dated 4.7.2000 was not valid and it was null and void. According to them, on the basis of will dated 15.10.2000, a legal and valid mutation was sanctioned after the death of Diwan Chand on 22.8.2001. Trial Court framed the issues on 21.11.2003. Trial Court decreed the suit partly. Defendants preferred an appeal before the Additional District Judge, Fast Track Court, Kangra at Dharamshala. The same was dismissed by him on 17.12.2009. Hence, the present Regular Second Appeal.

(3.) MR . Nimish Gupta has supported the judgments and decrees passed by both the courts below.