BARU RAM Vs. KISHANI DEVI

JUDGEMENT

(1.) In this Regular Second Appeal at the instance of the appellants -defendants, Baru Ram and three others, the decree and judgment dated 2 -3 -1991 passed by the Additional District Judge (I), Kangra at Dharamshala, is under challenge whereby the appeal of respondent -plaintiff, Smt. Kishani Devi, was accepted and the decree and judgment dated 17 -1 -1986 of sub -Judge 1st Class Dehra, District Kangra, was set -aside. By the impugned decree and judgment, the suit of Smt. Kishani Devi has been decreed.

(2.) Smt Kishani Devi had filed civil suit for declaration that the will alleged to have been executed by her husband, Sh. Balandu, in favour of S/Sh. Baru Ram and others was illegal and void and had no effect on her rights of inheritance. She further prayed for decree and declaration that she was owner in possession of the estate of her husband, Sh. Balandu, and S/Sh. Baru Ram and others may be restrained from interfering in her possession. S/Sh Baru Ram and others resisted this suit and took a number of preliminary objection. On merits, they alleged that the will executed in their favour by Sh. Balandu, who was their brother, was valid will. They claimed that Sh. Balandu had put thorn in possession during his life time,

(3.) The trial Court dismissed the suit holding, inter alia, that the will was proved to be executed in accordance with law and valid will. These findings were reversed by the District Judge in the appeal filed by Smt. Kishani Devi. Hence the present Regular Second Appeal.