GUMAT RAM Vs. RUKMANI DEVI

JUDGEMENT

(1.) This appeal under Sec. 100 Civil Procedure Code is directed against the decree and judgment dated 16.3.1993 passed by the Addl. District Judge, Kullu, District Kullu, whereby the appeal of the respondent-plaintiff Smt. Rukmani Devi was accepted and her suit was decreed declaring her in joint possession of the land in dispute in equal share alongwith the appellant- defendant Gumat Ram. The Will date 5.4.1976, Ex. P-2 (also marked as Ex. D-1) has been declared shrouded in suspicious circumstances, hence bad.

(2.) The parties are brother and sister. The dispute between them is in respect of land measuring 46-18-0 bighas comprised in Khasra Nos. 680, 686, 690, 697, 700, 703, 726, 734, 737, 747, 748, 984, Khewat No. 124, Khatauni No. 204, situated in Phati Shillihar, Kothi Khokhan, Tehsil and District Kullu. The claim of the sister is that after the death of her father, she has inherited half of the land in dispute and the mutation of inheritance in favour of her brother for whole of the land in dispute, on the basis of the will dated 5.4.1976 Ex. P-2 is bad. According to her, her father Parsu did not execute the Will dated 5.4.1976 propounded by her brother and it is a "..forged and faked document created by the defendant after the death of deceased in connivance with the scribe and marginal witnesses, solely with an idea of disinheriting plaintiff from the estate of deceased..."

(3.) The brother resisted the suit and took a number of preliminary objections. On merits, his case was that he was not joint in possession of the land in dispute but was exclusive owner in possession by virtue of the Will dated 5.4.1976, Ex. P-2. He has specifically alleged that his sister was married and had been living with her husband in another village. For the reason of her being married and sufficient dowry giving in her marriage, his father bequeathed whole of his property in his favour out of love and affection and also because he was living with him and looking after him. According to him, the Will dated 5.4.1976 propounded by him was valid and legal document.