DEEPAK KUMAR Vs. RAJ KUMARI

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 30.3.2013 rendered by the learned District Judge, Mandi in Civil Appeal No. 6 of 2012.

(2.) "Key facts" necessary for the adjudication of this Regular Second Appeal are that respondent-plaintiff (hereinafter referred to as the "plaintiff" for convenience sake) filed a suit against the appellant-defendant (hereinafter referred to as the "defendant" for convenience sake) on the ground that the revenue entries regarding the land fully detailed in para No. 1 of the plaint are wrong and null and void. According to the plaintiff, the suit land was previously owned by Smt. Phulla Devi and Smt. Kali Devi. Smt. Kali Devi died on 27.3.1993 and Smt. Phulla Devi died in the month of June, 1994. Kali Devi was unmarried. Phulla Devi, being her sister, was entitled to succeed her estate. Kali Devi and Phulla Devi were illiterate and simpleton ladies. Smt. Kali Devi expired on 27.3.1993. Thereafter, Smt. Phulla Devi succeeded her and after the death of Smt. Phulla Devi, the entire land came into the possession of the plaintiff, being her only daughter. However, on 23.1.2004, defendant proclaimed that he is the joint owner in the suit land on the basis of "will" Ex.DW-3/A dated 16.3.1993. The said "will" is stated to be forged document. She has challenged the "will" on various grounds.

(3.) The suit was contested by the defendant. According to the defendant, the testatrix has executed the "will" in her sound and disposing state of mind. She was looked after by the father of the defendant. Kali Devi and Phulla Devi were literate. According to him, the mutation was attested on 25.4.1995.