GILJA RAM Vs. BARFI DEVI AND ORS.

JUDGEMENT

(1.) DEFENDANT No. 1 Gilja Ram is in second appeal before this Court. He is aggrieved by the judgment and decree dated 7.6.2003 passed by learned District Judge, Kangra at Dharamshala in civil appeal No. 25 -G/XIII/2001, whereby the trial Court judgment and decree dated 29.12.2000 passed in civil suit No. 60/99/94, has been affirmed and the appeal dismissed.

(2.) PLAINTIFFS and defendant No. 2 are real sisters. They are daughters of deceased Relo born to her from the loins of Masadi. Defendant No. 1 Gilja Ram is step brother of plaintiffs and defendant No. 2, born to one Rani with whom the deceased Masadi had solemnized customary marriage. The deceased Relo was owner -in -possession of the land to the extent of 1/2 share comprised in Khata No. 28, Khatauni No. 69 to 76, Khasra Nos. 54, 178, 321, 324, 364, 369, 1052, 1054, 1069, 53, 60, 168, 169, 175, 359, 461, 500, 1070 to 1072, 1079, 1081, 1087, 1122, 52, 172, 179, 459, 1038, 1039, 1049, 1073, 1077, 1083, 1124, 51, 59, 61, 173, 361, 458, 1034, 1035, 1048, 1050, 1074, 1076, 1082, 1025, 501, 507, 55, 63, 174, 176, 362, 460, 1036, 1037, 1045, 1051, 1078, 1080, 1123, 170, 171, 49, 50, 56, 58, 64, 177, 499, 5.5, 1019, 1020, 1044, 1054 Kitta 78 area 0 -03 -19 Hectares, situated in Mohal Jee, Mauza Kathog, Tehsil Dehra, District Kangra, H.P. Plaintiffs claimed that they were entitled to succeed the suit land in the share of their mother Relo along with defendant No. 2 in equal shares on the basis of natural succession, however, defendant No. 1 managed to execute a false, fictitious and frivolous Will (Ex.DW -1/A) from her on 7.4.1988. He even managed to get the mutation of the suit land attested in his favour vide mutation No. 118 and 92 on 8.1.1994. They allegedly asked him to admit their claim so far as the suit land is concerned, but of no avail. Hence the suit.

(3.) LEARNED Trial Judge framed the following issues: -