HIMTI Vs. MAYA AND CONNECTED MATTERS

JUDGEMENT

(1.) THE plaintiff and proforma defendant No.2 are aggrieved by the judgment, decree dated 17.1.2001 passed by learned District Judge, Chamba in Civil Appeal No.62 of 2000, affirming judgment, decree dated 24.7.2000 passed by learned Sub Judge, Chamba in Civil Suit No.146 of 1994. In this judgment the parties are referred as plaintiff and defendants.

(2.) THE facts in brief are that Kumheli filed a suit for declaration and possession, pleading that land measuring 91 bighas 1 biswa in Mohal Ghundera, Tehsil Salooni in the jamabandi 1990 -91 has been recorded in the name of Lahori and proforma defendants. Kumheli died and she wassubstituted by Himti. It has been pleaded that Kumheli enjoined the conjugal society of her husband Lahori for more than forty five years as his legal wedded wife. Lahori seven or eight years back developed illegal relations with Maya defendant No.l. Kumheli filed maintenance petition under Section 125 Cr.P.C. against Lahori which was allowed. Kumheli filed execution and also civil suit for permanent prohibitory injunction restraining Lahori from alienating immovable property including the suit land.The defendant No.1 dominated the Will of Lahori and succeeded in getting the suit land transferred in her favour by alleged gift, playing fraud and inducement etc.

(3.) THE suit was contested by defendant No.1 by filing written statement. The preliminary objections of maintainability, cause of action, estoppel were taken. On merits, it was pleaded that Lahori contracted second marriage with defendant No.1. Kumheli harassed Lahori till his death. Lahori executed gift deed voluntarily in favour of defendant No.1. The prayer has been made for dismissal of the suit.