ATMA RAM Vs. BABU RAM

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree of District Judge Kangra Division at Dharamsala, allowing the appeal and setting aside the decree of the trial court

(2.) One Dhani Ram owned and possessed agricultural land. He had three sons and three daughters. The sons are Babu Ram, Milkhi Ram and Hari Chand, whereas the daughters are Jamna Devi, Hukmi Devi and Brahmi Devi Hukmi Devi and Brahmi Devi died during the life time of their father. Huivmi Devi left behind a daughter named Ishwari Devi, whereas Brahmi Devi left behind two daughters named Bishni and Bakshi. After the death of Dhani Ram, the agricultural land come to be mutated in the names of all the three sons as well as Jamna Devi and the daughters of the deceased Hukmi Devi and Brahmi Devi.

(3.) Now Dhani Ram had left behind a will leaving all the property to his sons and excluding the daughters. Milkhi Ram bought the shares of Ishwari Devi and Bishni Devi. On 22nd December, 1965 a suit was filed by Babu Ram and Hari Chand against Milkhi Ram and others challenging the mutation as well as the sale to Milkhi Ram. The plaintiffs propounded a will dated 11th March, 1967 alleged to have been left behind by their deceased father. The suit was resisted.