NIRMLA DEVI Vs. SURESH KUMAR

JUDGEMENT

(1.) This second appeal arises out to the judgment and decree of learned District Judge, Hamirpur dated January 28, 1994.

(2.) The facts necessary for the disposal of this appeal are: One Lashkri Ram was the owner in possession of the property subject matter of dispute. He had four sons, Pinja, Phindu, Ranjha and Munshi Ram. Lashkri Ram breathed his last on Febuary 3, 1967. Mutation of inheritance of the property left by Lashkri Ram was attested on the basis of a will executed by Lashkri Ram on August 18, 1966 in favour of his three sons, namely, Pindu, Phindu and Ranja. Munshi Ram pre -deceased son of Lashkri Ram was survived by his son Suresh Kumar, the plaintiff and respondent in this appeal. Plaintiff Suresh Kumar, on June 7, 1982, filed a suit before the learned Sub Judge 1st Class (2) Hamirpur for possession of 1/4th share of the disputed property. The case of the plaintiff was that his grandfather Lashkri Ram had not executed any will on August 18, 1966 set up by the defendants. He died intestate and he being Class -I heir, was entitled to succeed to the disputed property to the extent of 1/4th share. It was also the case of the plaintiff that the disputed property was ancestral in the hands of Lashkri Ram and under the Kangra Customary Law, this property could not have been bequeathed by will.

(3.) During the pendency of the suit, defendant Pinja Ram died and his legal representatives were brought on the record as defendants 1 (a) to 1 (d).