MANGI RAM Vs. GUJJA DEVI

JUDGEMENT

(1.) Present appeal has been preferred against judgment and decree dtd. 7/6/2011 passed by learned District Judge, Sirmour, District at Nahan in Civil Appeal No. 37-CA/13 of 2010, titled as Mangi Ram and others versus Smt. Gangi Devi and others, whereby judgment and decree dtd. 25/6/2010, passed by learned Civil Judge (Jr. Division), Court No.2, Paonta Sahib, District Sirmour, H.P. in Civil Suit No. 74-1 of 2005, titled as Smt. Gangi Devi Versus Mangi Ram and others, has been affirmed vide which suit of the plaintiff for declaration that deceased Dhanna had not executed any legal and valid Will dtd. 13/4/2005 in favour of appellants No. 1 to 3, in exclusion of other legal heirs including the plaintiff, and consequent permanent prohibitory injunction against the defendants and in favour of the plaintiff, has been decreed.

(2.) For convenience, parties are referred here as plaintiff, defendants and proforma defendants according to their status in the Civil Suit.

(3.) Parties to the suit are natural legal heirs of deceased Dhanna, who had expired leaving behind his natural legal heirs i.e his wife Smt. Gumano (defendant No.3), two sons Mangi Ram and Rangi Ram (defendants No. 1 and 2) and four daughters Gujja Devi, Balo Devi and Satya Devi (proforma defendants No. 4 to 6) and Gangi Devi (plaintiff). Defendants No. 1 to 3 had claimed right upon the estate of deceased Dhanna on the basis of Will dtd. 13/4/2005 executed by Dhanna to the exclusion of all other legal heirs i.e plaintiff and proforma defendants No.4 to 6 and mutation to this effect was also attested in favour of defendants No. 1 to 3.