ANIL MAHAJAN Vs. SAVITRI CHAUDHARY

JUDGEMENT

(1.) KESAR Singh Versus Pushap Lata 1 The Appellants are the successors -in -interest of Defendant No. 1 and have assailed judgment, decree dated 24.9.1999 passed by learned District Judge, Chamba in Civil Appeal No. 45 of 1994, affirming judgment, decree dated 8.8.1994 passed by learned Senior Sub Judge, Chamba in Civil Suit No. 13 of 1987 ( Dalhousie Court).

(2.) THE Respondent No. 1 had filed a suit for declaration regarding property described in the plaint situate at Dalhousie, Tehsil Bhattiyat, District Chamba on the averments that her father Shiv Ram whether reporters of Local Papers may be allowed to see the Judgment? Mahajan was owner in possession of suit property. He died on 1.4.1969 and after his death the suit property has been inherited by the parties and their mother Smt. Raj Kumari widow of Shiv Ram Mahajan. It has been pleaded that Smt. Raj Kumari had also died intestate on 25.10.1985. The Respondent No. 1 has claimed that she is owner in possession of 1/9th share in the suit property.

(3.) IT has been alleged that Respondents No. 7,8 on the basis of alleged Will of Smt. Raj Kumari have instituted some probate proceeding in the Delhi High Court. Smt. Raj Kumari was not mentally and physically fit to execute Will in favour of Respondents No. 7 and 8, who have procured Will from Smt. Raj Kumari by practicing fraud and coercion. The Respondent No. 1 is not bound by any Will, if any set up by Respondents No. 7 and 8. On these averments the suit was filed by Respondent No. 1 on 21.3.1987.