ANANT RAM Vs. INDIRA DEVI

JUDGEMENT

(1.) APPEAL No. RSA 398 of 1999, was admitted on the following substantial questions of law:

(2.) BRIEFLY stated the facts are as under:

(3.) SANGTU died on 16.3.1983. His son Punnu Ram died in the year 1993 leaving behind his two male legal heirs (sons) i.e. Anant Ram and Rattan Chand being Plaintiffs No. 1 and 2, respectively. Moti Ram expired leaving behind his two legal heirs i.e. wife Sauji and daughter Indira Devi being Defendants No. 1 and 2, respectively. During his life time, Moti Ram executed Will dated 25.6.1990 (Ext. P -4) bequeathing his self acquired property in favour of the Defendants and ancestral property in favour of the Plaintiffs/their predecessor -in -interest. Contrary to the Wills executed by Sangtu and Moti Ram, Defendants got the estates mutated in the revenue record in their favour as though they also were entitled to succeed to the estate of Sangtu and Moti Ram. Disputes arose between the parties and consequently Plaintiffs filed the suit for declaration of their rights.