LAWS(HPH)-2012-5-280

SHRI PRITHI CHAND Vs. NAURA DEVI AND OTHERS

Decided On May 07, 2012
SHRI PRITHI CHAND Appellant
V/S
NAURA DEVI AND OTHERS Respondents

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 30.06.2009, passed by the learned District Judge, Mandi, H.P. in Civil Appeal No. 16 of 2007.

(2.) Material facts necessary for adjudication of this Regular Second Appeal, are that the respondents-plaintiffs (hereinafter referred to as "the plaintiffs " for convenience sake) had filed a suit against the appellants-defendants and proforma respondents (hereinafter referred to as "the defendants " for the sake of brevity) for declaration that they are owners in possession of suit land comprised in Khewat Khatauni No. 70/81, Khasra Nos. 493 and 496, measuring 3-6-4 bighas, Mauja Fangyar, Tehsil Chachiot, District Mandi and will dated 01.03.1988 Ex. DW-3/A is illegal, null and void. According to the plaintiffs, Shri Durga Dass, predecessor-in-interest of the plaintiffs, was owner in possession of the suit land. He died during the pendency of the suit on 16.03.1988. The plaintiffs were recorded owners in possession of the suit land after the death of Durga Dass. Plaintiffs applied for the copy of mutation and came to know that the suit land has been transferred in favour of Sh. Ramu, predecessor-in-interest of the defendant. According to the plaintiffs, the mutation has been attested on the basis of Will dated 01.03.1988. It is in these circumstances that the suit was filed by the plaintiffs against Sh. Ramu, predecessor-in-interest of the defendants that the Will dated 01.03.1988 allegedly executed by Durga Dass in favour of the defendants was null and void.

(3.) It will be apt at this stage to take note that notice was issued to the defendant, Ramu, however, before he could be served, he died and thereafter, his legal heirs were brought on record.