SANDHIA DEVI Vs. TARA CHAND

JUDGEMENT

(1.) Appellants have filed the present appeal under the provisions of Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 20.9.2004, passed by the learned District Judge, Hamirpur, in Civil Appeal No.106 of 2002, titled as Smt. Sandhia Devi and another versus Tara Chand and others, whereby judgment and decree dated 24.9.2002, passed by the Sub Judge 1st Class, Barsar, District Hamirpur, in Civil Suit No.RBT 1-7/98/96, titled as Tara Chand versus Smt. Sandhia Devi and others, stands affirmed.

(2.) Parties, i.e. plaintiffs (respondents herein) and defendants (appellants herein), are closely related. The lis essentially pertains to inheritance of the estate of Smt. Mangti Devi. According to the plaintiffs, Mangti Devi died intestate and as such they alongwith the defendants are entitled to inherit her estate, in equal shares, whereas according to the appellants Sandhia Devi (defendant No.1) and Roshan Lal (defendant No.2), they alone have inherited the property, by virtue of Will dated 15.1.1987 (Ex. DW-3/A) executed by Smt. Mangti Devi in their favour.

(3.) Based on the pleadings of the parties, trial Court framed the following issues: