SWARNI DEVI Vs. SHAM SUNDRI

JUDGEMENT

(1.) THIS appeal has been preferred by the successor-in-interest of the defendant against the judgment of the two Courts below granting a decree of declaration and injunction that the plaintiff- respondent is entitled for possession with respect to share of deceased Salig Ram over Khasra Nos.962, 963, 953 only as the rest of the land is possessed by one Swarni Devi who is not a party to the suit.

(2.) THE case pleaded by the original plaintiff Roop Lal was that the suit land, situated in village Bhadsali, Tehsil and District Una, was owned and possessed by his brother Salig Ram son of Suba, who died issueless on 31.1.1981 and at that time he was residing with the plaintiff, who looked after and rendered services etc. to him. He executed a valid will duly registered in favour of the plaintiff on 29.8.1979 with respect to his entire immovable property and after his death he was the owner in possession of the property. Piaro Devi, it was pleaded, had no relationship with Salig Ram and she, in connivance with the revenue officials, had got mutation No.5655 attested in her favour by stating that she is the widow of the deceased. THE plaintiff pleaded that the mutation is illegal and void and does not bind his interest.

(3.) ON the pleadings of the parties the learned trial Court settled six issues. Issues No.1 to 3 were important as they dealt with the core of the dispute, namely, (1) as to whether the plaintiff is the owner in possession of the suit land, (2) whether deceased Salig Ram executed a valid will in favour of the plaintiff and (3) whether the defendant Piaro Devi was the legally wedded wife of Salig Ram.