YASHPAL Vs. ROSHANI DEVI

JUDGEMENT

(1.) THIS Regular Second Appeal was admitted against the current findings of fact recorded by the Courts below, on the following Substantial question of law:

(2.) YASH Pal (Plaintiff) on the basis of registered Will Ext.PW -2/A filed suit for possession and declaration with respect to suit property against Smt. Roshani Devi, Smt. Byasan Devi, Miss Veena Devi and Smt. Rattni Devi, Defendants No. 1 to 4, respectively. During the pendency of suit, Smt. Byasan Devi conceded to the case of the Plaintiff and accordingly suit was partly decreed to the extent of 1/3rd share in the suit property. The remaining Defendants contested the suit, inter alia, on the ground that the Will propounded by the Plaintiff was fictitious, not validly executed in accordance with the provisions of Indian Succession Act and shrouded by suspicious circumstances.

(3.) EXCEPT to the extent of the claim conceded by one of the Defendants the suit stands dismissed in terms of judgment and decree dated 2.2.1993 passed by Sub Judge, Ist Class, Ghumarwin, District Bilaspur, H.P., in Case No. 193 -1 of 1987, titled as Yashpal V/s. Smt. Roshani Devi and Ors.