DUGLU RAM Vs. GOVIND RAM

JUDGEMENT

(1.) Duglu Ram defendant -appellant has filed this appeal against the judgment and decree, dated 10th September, 1970 passed by the Additional District Judge, Kulu, by which the appeal of the defendant -appellant has been dismissed and the judgment and decree passed by the Sub Judge 1st Class, Kulu, decreeing the suit of Smt. Nathi deceased -respondent has been upheld.

(2.) The brief facts of the case are that one Ganga Ram son of Kesaru was the owner of the disputed property. The said Ganga Ram died on 4th March, 1944. Ganga Ram had three daughters, Smt. Nathi (deceased - plaintiff), Smt. Bahaduri and Smt. Sewati, and one sons daughter, Smt. Tulsi. Ganga Ram executed a will, Exhibit P. 1, dated 20th January, 1944, the construction of which is now in dispute in this appeal.

(3.) It appears that Smt. Tulsi, sons daughter of Ganga Ram died before attaining majority. Duglu Ram appellant is the husband of Smt. Bahaduri, the daughter of Ganga Ram, and the presentrespondents are the legal representatives of Smt. Nathi (the original plaintiff). Smt. Bahaduri had one daughter, Smt. Ailu also. The admitted facts are that on the death of Ganga Ram his property was mutated in favour of his daughters, namely, Smt. Nathi, Smt. Bahaduri and Smt. Sewati in equal shares, and this was exactly in accordance with the clauses of the will, Exhibit P.