PARKASHO DEVI Vs. BHAJNI DEVI

JUDGEMENT

(1.) THE learned District Judge affirmed the dismissal of the judgment and decree passed by the learned trial Court in Civil Suit No. 66 of 89 RBT No. 2/1995/89 vide his judgment dated 15.6.2001 as such, the appellants hereinafter referred to as 'the plaintiffs ' filed the present regular Second Appeal which was admitted on the following substantial questions of law:

(2.) FACTS giving rise to the present appeal can be stated thus. Smt. Bhagti widow of Karma had three daughters Prakasho, Bhajni and mother of plaintiffs Diwan Chand and Harbans Singh co -plaintiffs. She was owner in possession of the suit property and died on 15.2.1989. The case of the plaintiffs is that Smt. Bhagti had executed the Will Ext. PW2/A on 13.7.1987 in favour of her above plaintiff daughter, including the defendant and 1/3 share to co -plaintiffs Diwan Chand and Harbans. After the death of Bhagti, on the basis of Will aforesaid, the parties to the suit claimed their joint possession. It is alleged that respondent hereinafter referred to as 'the defendant ' Bhajani Devi started causing forcible possession of the entire suit land hence the plaintiffs filed the present suit.

(3.) IN replication, the Will in favour of defendants has been disputed. The learned trial court on the basis of the pleadings of the parties framed the following issues: -