BHADRI Vs. SUMA DEVI

JUDGEMENT

(1.) This appeal is directed against judgment, decree dated 24.4.2001 passed by learned District Judge. Mandi, in Civil Appeal No. 34 of 1997 affirming judgment, decree dated 25.2.1997 passed by learned Senior Sub Judge, Mandi in Civil Suit No. 91/90 (187/92).

(2.) Smt. Narvada daughter of Ghungar, mother of respondents had filed a suit for declaration and joint possession against appellants and one Hima that Will dated 28.1.1988 of late Ghungar in favour of appellants No. 1 and 2 is wrong, illegal and void. The further pleaded case was that suit land measuring 71-15-13 bighas in Mauza Panyali/146 Illaqua Bagra was recorded in the joint ownership and possession of Ghungar deceased and Hima. Smt. Narvada and appellant No.3 are the daughters, appellant No.1 is widow and appellant No.2 is son of deceased Ghungar and are entitled to inherit his estate.

(3.) Ghungar father of Smt. Narvada was an old man and he used to remain ill and was confined to bed for more than one year prior to his death. Ghungar was also not in sound disposing state of mind on account of his illness. Ghungar died on 1.11.1988. The appellant No.1 claimed to have inherited alongwith appellant No.2 the entire estate of Ghungar of Muhal Panyali on the basis of Will allegedly executed by Ghungar. It has been alleged that Ghungar had not executed any Will. The Will projected by the appellants No. 1 and 2 was their creation in collusion with marginal witnesses. The Will is shrouded by suspicious circumstances. Smt. Narvada had cordial relations with her father. The Will was the result of undue influence and coercion. The Will dated 28.1.1988 was invalid document.