JAI DEVI Vs. SURTI DEVI

JUDGEMENT

(1.) THESE two appeals are being disposed of by one judgment since common questions of law and fact are involved and both the parties in the proceedings are closely related to each other.

(2.) FAO No. 511 of 2007 is directed against the order of the learned District Judge, Kinnaur Division at Rampur Bushahr dated 8th November, 2007 whereby he remanded the case to the learned trial Court and set -aside the judgment and decree dated 18th February, 2005 passed by the learned Trial Court in Civil Suit No. 4 -1 of 1995.

(3.) SMT . Jai Devi filed Civil Suit No. 4 -1 of 1995 in the Court of the learned Sub Judge, Rampur Bushahr in the year 1995 against her sister Smt. Surati Devi. It was alleged that both Jai Devi and Surati Devi were the daughters of late Sh. Nain Sukh who had no male issue. According to the Plaintiff, Defendant Surati Devi was married to Bhagat Singh and Bhagat Singh used to live as 'ghar Jawain' in the house of his father -in -law. It was alleged that taking undue influence of this fact Bhagat Singh got half the property of Sh. Nain Sukh transferred in his name. Nain Sukh allegedly died on 20.1.1994. The Plaintiff alleged that the Defendant had set -up some Will allegedly executed by Nain Sukh in favour of Surati Devi. She claimed that this Will was totally forged and therefore prayed that she be declared to be owner in possession along with the Defendant in the immovable property of late Sh. Nain Sukh. It was also alleged that this property was ancestral property.