SHIV DEV SINGH Vs. ASHOK KUMAR

JUDGEMENT

(1.) This is the plaintiff s Regular Second Appeal filed under Section 100 of the Code of Civil Procedure. Plaintiff s Civil Suit No. 137 of 1992, titled as Shri Shiv Dev Singh vs. Shri Ashok Kumar & others, stands partly decreed by learned Sub Judge, 1st Class (II), Nurpur, Distt. Kangra, H.P., in terms of judgment and decree dated 30th October, 1999. Aggrieved thereof, defendant filed an appeal which stands allowed in terms of judgment and decree dated 12th August, 2002, passed by learned Addl. District Judge-I, Kangra at Dharamshala, H.P., in Civil Appeal No. 5-N/2000, titled as Ashok Kumar vs. Shiv Dev Singh & others.

(2.) Sh. Bishambhar Singh died on 30.10.1991. Dispute with regard to his succession arose amongst his legal heirs. Son Shiv Dev Singh (plaintiff) filed a suit for declaration against his brother Sh. Ashok Kumar (defendant No. 1), sister Smt. Shreshta Kumari (defendant No. 2) and the legal heirs (defendants No. 3 to 6) of his predeceased second sister Smt. Kushal Kumari. As a legal heir, on the basis of succession, plaintiff claimed 1/4th share in the estate of his father Sh. Bishambhar Singh.

(3.) Defendants resisted the suit, inter alia, on the ground that by virtue of Will dated 27.3.1990 (Ext. D-1) plaintiff s right of inheritance and succession stood extinguished.