GULZARI LAL Vs. LALI DEVI

JUDGEMENT

(1.) THE Defendants have filed this appeal against judgment, decree dated 14.08.2003 passed by learned District Judge, Mandi, in Civil Appeal No. 88 of 2001, reversing judgment, decree dated 03.11.2001 passed by learned Sub Judge, Court No. 2, Mandi, in Civil Suit No. 345/99/94. The learned District Judge allowed the appeal and decreed the suit of the Plaintiffs which was dismissed by the learned trial Court. The parties in this judgment are indicated as Plaintiffs and Defendants.

(2.) THE facts, in brief, are that Plaintiffs had filed a suit for declaration that the Will dated 29.05.1992 allegedly executed by Tulsia alias Seta is wrong, illegal and they have prayed joint possession of the suit property, more specifically, described in the plaint. It has been pleaded that Plaintiffs No. 1 to 4 and Defendants No. 1 to 3 are daughters, widow and sons of Tulsia and, therefore, entitled to inherit and succeed the estate of Tulsia. It has been alleged that Tulsia was weak and old and was suffering from tuberculosis and cancer. He was confined to bed for about 5 years prior to his death. Tulsia was not in sound disposing state of mind and due to protracted illness, he died on 24.06.1992. The Defendants on the basis of the Will allegedly executed by late Tulsia in their favour inherited his entire movable and immovable properties and got attested mutation in their favour. The mutation in favour of Defendants is also wrong and illegal.

(3.) THE suit was contested by Defendants by filing written statement, they have pleaded that Tulsia had executed a Will in their favour on 29.05.1992 in sound disposing state of mind and on account of his free will and volition in presence of witnesses, which was read over and explained to Tulsia. It has been denied that Tulsia was bed -ridden and was suffering from various diseases. The Defendants had prayed for dismissal of the suit.