PREM SAGAR Vs. HARBANSI DEVI

JUDGEMENT

(1.) THIS judgement shall dispose of RSA Nos. 62 of 2000 and 63 of 2000, as common question of facts and law are involved in both the appeals. The parties in the judgement are referred to as plaintiff and defendants. RSA No. 62 of 2000:

(2.) THE facts in brief are that Harbansi Devi had filed Civil Suit No. 199/1 of 1988 on 13.9.1988 for declaration that she is joint owner of some of the suit land, exclusive owner on a portion of the suit land as prayed in the plaint, Smt. Jindi had created tenancy in favour of Gulaba husband of the plaintiff of some land as described in the plaint. She has also prayed that Smt. Jindi has executed a registered will on 28.1.1986 in her favour. In alternative, she has prayed that she is owner in possession of some of the suit land and tenant on another portion of the suit land in case she fails to prove will dated 28.1.1986 of Smt. Jindi in her favour and she has become owner of the tenancy land by virtue of H.P. Tenancy and Land Reforms Act. She has also prayed that she is entitled to get her share partitioned. The prayer of permanent prohibitory injunction has also been made.

(3.) THE defendant No. 18(a) Kaulan Devi has also contested the suit by filing written statement. In the written statement, she has taken preliminary objections of maintainability, limitation, jurisdiction and court fee. On merits, it has been denied that Smt. Jindi had created tenancy in favour of Gulaba. She has stated that she is the sole survivor of deceased Smt. Jindi. It has been denied that Smt. Jindi had executed any will in favour of plaintiff. It has been stated that mutation No. 285 is based upon forged will. Smt. Jindi had not executed any will in favour of anyone. She contested the remaining claim of the plaintiff.