RAM ASRA Vs. SWARAN KANTA

JUDGEMENT

(1.) THIS Regular Second Appeal has been directed against the judgment and decree dated 26.12.2003 passed by the learned District Judge, Sirmaur at Nahan in Civil Appeal No. 71 -CA/13 of 2002.

(2.) MATERIAL facts necessary for the adjudication of this Regular Second Appeal are that the Appellant -Plaintiff (hereinafter referred to as 'Plaintiff ' for convenience sake) filed a suit against the Respondent -Defendant (hereinafter referred to as 'Defendant ' for convenience sake) for declaration to the effect the he is the only legal heir to inherit the property of Smt. Kartari, after her death, being real brother of her husband Rikhi Ram and the will dated 28.12.1996 propounded by Smt. Swaran Kanta is false and fraudulent as the same was never executed by Smt. Kartari. According to the Plaintiff, there was no occasion for Kartari to execute any will in favour of the Defendant and Smt. Kartari only gifted one bigha of land to the Defendant during her life time.

(3.) ISSUES were framed by the trial court on 27.3.2001. The learned trial court dismissed the suit on 23.10.2002. Plaintiff preferred an appeal before the learned District Judge, Sirmaur at Nahan against the judgment and decree dated 23.10.2002. He dismissed the same on 26.12.2003. Hence, the present Regular Second Appeal. It was admitted on substantial questions of law No. 1,4,5 and 6 formulated at pages 9 and 10 of the paper book.