SANT RAM Vs. GHOGA

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and decree, rendered on 11.12.2002, by the learned District Judge, Hamirpur, H.P., in Civil Appeal No. 31 of 1991, whereby, the learned District Judge dismissed the appeal preferred, by the appellant/plaintiff.

(2.) THE brief facts, of the case, are that Sant Ram, the plaintiff instituted a suit for declaration and permanent prohibitory injunction against the defendants, Jasodhan and others and in the alternative, he, prayed for a decree for possession of the suit land being accorded in his favour. The plaintiff avers that Ishar Dass was owner in possession of 1/4 share of land comprised in khata No. 5, Khatauni No. 5 & 6, khasra kita 11, measuring 58 kanals, 1/16 share of land comprised in khata No. 8, Khatauni No. 9, 10, 11, 12, khasra kita 9, measuring 70 kanals and 1/16 share of land comprised in Khata No. 9, Khatauni No. 12 to 21, Khasra kita 35, measuring 405 kanals 19 marlas, as per jamabandi for the year 1979 -80, situated in Tika Ghirand, Tappa Kanerad, Tehsil and District Hamirpur (hereinafter referred to as the suit land). The pedigree table of the parties, is, extracted hereinafter: -

(3.) DEFENDANT No. 6 in his written statement contended that she was rendering all services and provided amenities of life to Ishar Dass and plaintiff never looked after and maintained Ishar Dass. She, too, contended that Ishar Dass was not a man of sound disposing mind, for executing the Will in favour of the plaintiff and that the will, is, a forged document.