BHAGAT RAM Vs. KULDIP RAJ

JUDGEMENT

(1.) The dispute between the parties pertains to the estate of one Jhallu son of Shri Nand Lai of village Amlehar, Tehsil Amb of District Una. It is admitted case of the parties that the said Jhallu was deaf, dumb and of unsound mind by birth. He died unmarried. According to the plaintiff Bhagat Ram, he being the nephew (sister's son) of deceased Jhallu is his only natural legal heir entitled to succeed to the estate of the deceased. On the other hand, the defendant-respondent has claimed title to the estate of deceased Jhallu on the basis of a Will alleged to have been executed in his favour by Shri Nand Lai, father of deceased Jhallu.

(2.) On the basis of pleadings of parties, as many as seven issues were framed on 12.10.1990 by the learned Trial Court :

(3.) The learned Trial Court vide its judgment dated 26.3.1993 dismissed the suit. It was held that the plaintiff Bhagat Ram was not the nephew of deceased Jhallu and, as such, was not the legal heir. Insofar as the defendant is concerned, it was held that no valid Will was proved to have been executed in his favour by Shri Nand LaL, father of deceased Jhallu. After holding that neither the plaintiff nor the defendant is the legal heir of deceased Jhallu, the learned Trial Court went on to hold that the estate of deceased Jhallu stood vested in the State Government by way of escheat under Section 29 of the Hindu Succession Act.