BHIMSEN Vs. CHUNI LAL

JUDGEMENT

(1.) This is plaintiffs Second Appeal against the judgment and decree passed on January 6, 1981 by Additional District Judge, Kangra Division at Dharamsala, dismissing his appeal and there by confirming the judgment and decree passed by the trial Court dismissing his suit.

(2.) Plaintiff by filing a suit claimed a decree for possession of I/4th share in the estate left by Bidhu his father. He challenged the will dated March 9, 1 66 alleged to have been executed by his father Bidhu in favour of his three other brothers. Besides challenging the due execution of the Will, it was alleged by him that the parties and late Shri Bidhu in the matter alienations and succession were governed by agricultural custom and according to the same Bidhu had no right to execute any Will affecting the ancestral property. The defendants contested the suit by supporting the Will by denying the fact of ancestral nature of the property and the alleged custom. The locus -standi of the plaintiff to challenge the Will or to claim any share in the property was also challenged on the ground that he, in fact, had been adopted by Smt. Jugni and had succeeded to the estate left by her and as such was not entitled to claim any interest in the estate left by his natural father.

(3.) The trial Court dismissed the suit holding the land to be ancestral qua the plaintiff and Bidhu deceased and the parties to be governed in the matter of alienation and succession by custom under which ancestral property could not be bequeathed to the exclusion of one son. The Will was held to have been validly executed. It was further held that the plaintiff had been adopted by Jugni widow of Shankar and had inherited her estate and for this reason could not maintain a suit and claim inheritance to the estate left by his father. In appeal, the judgment and decree of the trial Court was upheld by the lower appellate Court. The plaintiff -appellant has come up in Second Appeal before this Court challenging the decision of the courts below.