USHA DOGRA Vs. SANTOSH KUMAR AND OTHERS

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 02.03.2009, passed by the learned District Judge, Hamirpur, H.P., in Civil Appeal No. 72 of 2006.

(2.) 'Key facts' necessary for the adjudication of this Regular Second Appeal, are that the respondents-plaintiffs (hereinafter referred to as 'the plaintiffs' for the sake of convenience) have filed a suit for declaration and permanent injunction against the appellant-defendant (hereinafter referred to as 'the defendant' for the sake of convenience). According to the plaintiffs, the plaintiff No. 1, Santosh Kumari Dogra was married to Rajinder Parshad Dogra on 31.10.1977 and from their wedlock, plaintiffs No. 2 to 4 were born. It is further averred that the plaintiffs are owners in possession of the suit land comprised in Khata No. 138, Khatauni No. 191, Khasra No. 1439, measuring an area 1 Kanal 11 Marlas, Khata No. 139, Khatauni No. 192, Khasra No. 1530, measuring an area 25 Kanals 5 Marlas, situated in Tika Sujanpur, Mouza Baleth, Tehsil Sujanpur, District Hamirpur, H.P., as per Ex.-P1, copy of Jamabandi for the year 1992-93. They are Class-1 heirs of Rajinder Parshad Dogra, who was owing and possessing the suit land during his life time. The defendant has forged a will, dated 11.03.1998, Ex. DW-2/A. The suit land is ancestral. It is in these circumstances, the suit for declaration to the effect that the plaintiffs are owners in possession of the suit land and are also entitled to remain owners in possession in future and also that they were not bound by will. A prayer was made for permanent injunction restraining the defendant from causing interference in the suit land.

(3.) The suit was contested by the defendant. According to the defendant, she was the legally wedded wife of Rajinder Parshad Dogra and he has executed a will, dated 10.03.1998, in her favour. The deceased was looked after by the defendant. The defendant is owner in possession of the suit land.