SAVITRI DEVI Vs. KAMLA DEVI

JUDGEMENT

(1.) THE instant appeal is directed against the judgment and decree, rendered on 1.4.2003, in Civil Appeal No. 118 -G/XIII/2001 by the learned District Judge, Kangra at Dharamshala, H.P., whereby, the learned First Appellate Court dismissed the appeal, preferred by the defendants/appellants.

(2.) THE case of the plaintiffs is that Pritam Singh died intestate on 15.08.1983, leaving behind plaintiffs and defendants as his legal heirs. But, defendants in collusion with the revenue officials obtained mutation of inheritance qua the suit property in their favour, on the basis of a fictitious Will dated 10.07.1993 of Pritam Singh. According to the plaintiffs, Pritam Singh never executed any Will in favour of the defendants. Further, it is claimed that Pritam Singh had no authority to bequeath the suit property by way of a Will, as it was ancestral property in his hand and parties being Rajput are governed by custom in the matters of alienation and succession under which Pritam Singh had no right to alienate the ancestral property without any legal necessity.

(3.) BY way of re -joinder, plaintiffs re -asserted their case and denied the contrary averments of the defendants.