SURINDER KUMAR Vs. SHANTI DEVI

JUDGEMENT

(1.) Since common questions of law and facts arise for consideration in the appeal as also in the petition, the same were taken up together for hearing and are being disposed of by a common judgment.

(2.) Aggrieved by the judgment and decree passed by the learned first appellate court, the appellant has filed the instant appeal.

(3.) Brief facts of the case are that respondents No. 1 to 4 filed Civil Suit No. 72/1994 claiming therein that they as well as respondents No. 5 to 8 were the legal heirs of deceased Karmu, who had died intestate and thus, they had succeeded to the estate of the deceased Karmu. A declaration was sought by them that the will proclaimed by the appellant, alleged to have been executed by Karmu in his favour on 16.4.1993(Ext. D1) qua suit land measuring 14 Marlas comprised in Khewat No. 305, Khatauni No.354, bearing Khasra No. 1539, situated in Mauja Bathri, Sub Tehsil Haroli, District Una and Mutation No. 2659 (Ext.D7) attested in favour be declared null and void.