LAL CHAND Vs. DHIAN SINGH

JUDGEMENT

(1.) The plaintiff has come in second appeal against judgment, decree dated 1.11.2001 passed by learned District Judge, Kullu in Civil Appeal No. 53 of 2001 affirming judgment, decree dated 22.3.2001 passed by learned Senior Sub Judge, Kullu in Civil Suit No. 56 of 1997. The suit was filed by Lal Chand against defendant Smt. Murtu and Tedhi Singh. Smt. Murtu has died during the pendency of the second appeal her legal representatives have been brought on record. The parties in this judgment are referred to as plaintiff and defendants.

(2.) The facts, in brief, are that plaintiff had filed a suit for declaration with consequential relief of injunction regarding the land more specifically described in the impugned judgment and plaint on the allegations that Mouju Ram, father of plaintiff and husband of defendant No. 1 was the original owner of the suit land. Mouju Ram executed registered will dated 23.1.1980 bequeathing his property situated in Phati Barahar in favour of his son Bala Ram whereas the property situated in Phati Kharihar, Kothi Maharaja was bequeathed in favour of plaintiff, limited rights of 1/3rd share of the property were created in favour of defendant No. 1. On the basis of will the suit land was mutated in the name of defendant No. 1.

(3.) It has been alleged that as per will of Mouju Ram limited rights were created in favour of defendant No. 1 who was to hold, possess and occupy the suit land till her life time or remarriage as the case may be and she was debarred from alienating, mortgaging, gifting the same in any manner. In the event of remarriage or demise of defendant No. 1, the property was to revert in favour of plaintiff and the plaintiff was to inherit the same. The possession of the suit land remained and is still with the plaintiff as defendant No. 1 never came in possession of the suit land.