GIAN CHAND Vs. SMT. LAJWANTI AND ORS.

JUDGEMENT

(1.) THIS appeal has been directed against the Judgment, decree dated 1.4.1998 in Civil Appeal No. 6 of 1996 passed by learned District Judge, Chamba affirming Judgment, decree dated 29.2.1996 passed by learned Senior Sub Judge, Chamba in Civil Suit No. 247/95/1991.

(2.) THE facts in brief are that Appellant had filed a suit for declaration regarding property more specifically described in the plaint. It has been alleged that the will dated 16.9.1985 allegedly executed by Kirpa Ram in favour of Respondent No. 1 is wrong, illegal. Kirpa Ram was an old and illiterate person and was not mentally fit to execute the will. The Respondent No. 1 by way of fraud and undue influence got executed the will dated 16.9.1985 in his favour. The mutation No. 237 dated 26.5.1987 has been wrongly attested in favour of Respondent No. 1. The further case of the Appellant is that it was joint property and Kirpa Ram had no right to execute the will. The Appellant had performed the last rites of Kirpa Ram. It has been alleged that will dated 16.9.1985 is not binding on the Appellant. The Respondent No. 1 has contested the suit by filing the written statement. He has submitted that Kirpa Ram had executed a valid will dated 16.9.1985 in favour of Respondent No. 1. The will was also got registered. The Appellant has no locus -standi to challenge the will. The Respondent No. 1 has pleaded that he had served the testator, who in sound disposing mind voluntarily executed the will in his favour. He has stated that he performed the last rites of Kirpa Ram. The Appellant filed replication and refuted the stand taken by Respondent No. 1. On the pleadings of the parties, the following issues were framed:

(3.) WHETHER the Plaintiff is estopped from filing the present suit on account of his act and conduct as alleged? OPD.