GILMO Vs. MUKTI

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree of the Additional District Judge, Dharamsala, dated 26th February, 1979, by which the appeal of Smt. Mukti plaintiff has been accepted and she has been granted a decree for joint possession to the extent of i/6th share in the disputed property. The Additional District Judge has set aside the judgment and decree of the Sub Judge 1st Class, Dalhousie, by which the suit of Smt. Mukti had been dismissed on 5th March, 1977.

(2.) The brief facts of the case are that one Mali, who was the father of the parties and husband of one Smt. Dhelan (now deceased) was the owner of the property mentioned in the plaint. Smt, Mukti one of the daughters of Mali filed a suit claiming that she is entitled to get l/7th share of the property owned by her father Mali because Mali had left behind one widow, Smt. Dhelan, and six daughters including Smt. Mukti plaintiff herself. Smt. Dhelan and the other five daughters were arrayed as defendants in the suit. Smt. Gilmo, the present appellant, contested the suit of the plaintiff and set up a will, dated 25th July, 1959, alleged to have been executed by Mali deceased in her favour. It was further alleged by Smt. Gilmo that by virtue of this will she is the sole owner of the disputed property. Smt. Dhelan, who was one of the defendants, died during the pendency of the suit, and as the parties to the litigation were the heirs of Smt. Dhelan, therefore, her name was expunged from the array of the defendants. The factum of the valid execution and the genuineness of the will set up by Smt. Gilmo was denied by the plaintiff. As such, on the pleadings of the parties the following issues were framed:

(3.) The Sub -Judge 1st Class after considering the contentions of both the patties and the evidence on the record came to a finding that the will, dated 25m July, 1959, Exhibit PA, was valid and genuine and that according to this will, Smt. Gilmo is the sole owner of the property in dispute and upon this finding the suit of Smt. Mukti was dismissed, with no orders as to costs, on 5th March, 1977.