SITO Vs. AMAR NATH

JUDGEMENT

(1.) Plaintiff-appellants Sito Devi and Chaino having lost before the trial Court and first appellate Court are in second appeal under S. 100 of the Code of Civil Procedure.

(2.) In order to appreciate the controversy, few facts may be noticed : Beli Ram was the owner of the land, subject-matter of dispute, to the extent of 1/ 3rd share. Beli Ram died in the year 1992, leaving behind his two daughters-plaintiffs-Sito Devi and Chaino. After his death, defendant- respondent-Amar Nath set up a Will. Mutation of inheritance of the share of Beli Ram, in the suit property, was attested in favour of the contesting defendant on 14th May, 1992. Plaintiffs on 28th June, 1994 brought a suit against the defendant claiming that the Will set up by him was invalid and forged. The Will, impugned, does not effect the right, title and interest of the plaintiffs over the disputed property. The defendants were also sought to be permanently restrained from interfering in the peaceful ownership and possession of the plaintiffs. In the alternative, it was prayed that if defendants are dispossessed, during the pendency of the suit, then a decree for possession may be passed in their favour.

(3.) It was the case of the plaintiffs that the property in dispute was ancestral in nature and the same could not have been bequeathed by Beli Ram and that the impugned Will in any case was result of undue influence as Beli Ram was of weak mind and not in a sound and disposing mind at the time of the execution of the Will.