JAITRI DEVI Vs. GULABI DEVI

JUDGEMENT

(1.) This is a regular second appeal filed by the appellants under section 100 C.P.C against the judgment and decree, dated 12.1.2011, passed by the learned Additional District Judge, Fast Track Court, Chamba, vide which he dismissed the appeal filed by the appellants and upheld the judgment and decree of the Court of learned Civil Judge (Senior Division), Chamba, dated 12.4.2010. Briefly stated, the facts of the case are that the respondent, hereinafter also referred to as plaintiff, filed a suit for declaration and for permanent injunction as against the appellants, hereinafter referred to as the defendants. The case set up by the plaintiff was that she is legally wedded wife of late Shri Kishan Lal, who retired as Deputy Ranger from the Forest Department. It was alleged that out of this wedlock, the deceased had four sons and one daughter, namely, Kartar Chand, Ravinder, Narender, Rajinder and Sarita. It was pleaded that the defendant No. 1 was never married to deceased Kishan Lal and defendants No. 2 to 4 were not born out of the said marriage relationship in between them and as such they were alleged be to not the legal heirs to the property and pensionary benefits of the deceased Kishan Lal. It was alleged that the defendants are claiming to be the legal heirs of late Kishan Lal before the authorities and also that they are not entitled to inherit the property of the deceased, hence the suit filed by the plaintiff.

(2.) Defendant No. 1 set up the plea that she was the legally wedded wife of deceased and out of this wedlock, defendants No. 2 to 4 were born and as such the plaintiff is not entitled to the relief claimed by her.

(3.) On the pleadings of the parties, the following issues were framed: