GUNA NAND Vs. SAHBU DEVI

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree passed by learned Additional District Judge, Mandi (camp at Karsog) on 9.5.2011 in Civil Appeal No.64 of 2010.

(2.) Material facts necessary for adjudication of this regular second appeal are that the respondent/plaintiff, Sahbu Devi (hereinafter referred to as "the plaintiff " for convenience sake) has filed a suit for declaration, injunction and for joint possession against the appellant/defendant (hereinafter referred to as "the defendant " for convenience sake). Shanta wife of Shri Kishori Lal was added as proforma defendant.

(3.) The case set up in the plaint by plaintiff is that deceased Durga, her father was owner in possession of land comprised in Khata No.2, Khatauni No.2, Khasra Nos.79, 1815/80, 357, 362, 405, 409, 491, 509, 514, 530, 537, 544, 562, 570, 574, 576, 581, 584, 589, 594, 633, 635, 639, 668, 669, 708, 722, 730, 734, 779, 788, 790, 814, 819, 824, 834, 846, 850, 859, 860, 883, 891, 896, 901, 905, 906, 908, 917, 918, 928 Kita-51 measuring 39-2-9 bighas situated in muhal Kandi-III/339. Total land of 108 bighas including this land devolved upon Durga after the death of his father in Vikarami Sambat 1944-45. Durga was left with the aforementioned land as per the copy of jamabandi for the year 2001-2002 as he has disposed of rest of the land. She claims herself along with proforma defendant and Durga to be constituting joint Hindu family and both of them being daughters of Durga were co-parceners and, as such, were having interest in the property mentioned herein above by birth, it being joint Hindu family property. Durga died on 20.5.2007 and thereafter it came to the knowledge of plaintiff that Durga had allegedly executed sale deed No.204 dated 29.3.2007 of the land comprised in Khasra Nos.405, 409, 509, 814, 537, 589, 669, 594, 633, 635, 668, 708, 734, 779, 788, 790, 859, 860, 891 Kita-19 measuring 15-14-9 bighas situate in Muhal Kandi-III/342 in favour of the defendant for a consideration of rupees 17.5 lakh. According to the plaintiff, this sale was a result of fraud and no money was paid to Shri Durga. Durga died 50 days after the execution of the sale deed. Defendant has produced the "Will" dated 10.4.2007, Ex.DW-1/A purported to have been executed by Shri Durga in his favour in respect of afore-stated land excluding the land subject matter of the sale deed, i.e. comprised in Khata No.2, Khatauni No.2, Khasra Nos.79, 1815/80, 357, 362, 491, 514, 530, 544, 562, 570, 574, 576, 581, 584, 639, 722, 730, 819, 824, 834, 846, 850, 883, 896, 901, 905, 906, 908, 917, 918 and 928 situate in Muhal Khandi-III/339 (hereinafter referred to as the "suit land " for convenience sake) and other movable and immovable properties of deceased, Durga. According to the plaintiff, this "Will" is obtained by deceitful means. There was no reason for deceased Durga to disinherit his daughter and proforma defendant from his estate. According to the plaintiff, "Will" dated 10.4.2007 is null and void. It is in these circumstances, the suit was filed by the plaintiff.