ANOKHI RAM Vs. HARNAM SINGH

JUDGEMENT

(1.) This judgment shall dispose of RSA No. 134 of 2002 and Cross-Objections No. 235 of 2002, both having arisen from judgment, decree dated 21.12.2001 passed by learned Additional District Judge, Sirmour District at Nahan in Civil Appeal No. 35-N/13 of 2000 partly setting aside the judgment, decree dated 31.5.2000 passed by learned Sub Judge, Rajgarh in Civil Suit No. 167/1 of 1998. The defendant has filed the second appeal in which plaintiff has filed the cross-objections.

(2.) The facts, in brief, are that respondent had filed a suit for declaration and injunction alleging that Kaku Ram alias Tulsi Ram was owner in possession of land measuring 31 bighas 2 biswas to the extent of 100 shares out of 622 shares in land described in the plaint. Kaku during his last days of life used to live with one Santiya, but he was looked after by respondent. Kaku having satisfied with the services rendered by respondent, executed Will in favour of respondent in sound disposing mind.

(3.) The appellant also produced a forged and fictitious Will alleged to be executed by Kaku in his favour and mutation No. 143 dated 15.05.1997 was attested in favour of appellant behind the back of the respondent. Kaku had no reason to execute any Will in favour of appellant. The Will in favour of appellant is forged, fabricated and fictitious. The mutation No. 143 dated 15.05.1997 is also wrong and illegal.