PUNNI Vs. SUMER CHAND

JUDGEMENT

(1.) Defendant's appeal was admitted on the following two questions of law :

(2.) The suit of the plaintiffs-respondents for grant of a decree for declaration as regards their title to part of the estate of one Saudagar, on the basis of Will Ex. PB dated 8/06/1983 was dismissed upholding the legality and validity of another Will Ex. DA bequeathing the entire property by deceased Saudagar in favour of his daughter Punni, defendant-appellant. The lower appellate Court allowed the plaintiffs' appeal through the impugned judgment and decree dated 27/05/1989 upholding the legality and validity of the Will Ex. PB (wrongly mentioned as Ex. PA) and discarding the Will Ex. DA dated 9/06/1983. The suit of the plaintiffs was decreed. It is this judgment and decree which is under challenge in this appeal.

(3.) Plaintiffs claimed a decree aforementioned alleging that Saudagar owned and possessed the suit properties situate in village Bhooppur in Tehsil Paonta Sahib, District Sirmaur. Punni defendant was the only daughter of Saudagar. Wife of Saudagar had died about 30 years ago. There was none else to look after him, since he had already married off his daughter Punni to Partap Singh, who was settled in village Kedarpur. Plaintiffs' father Hans Raj being the son-in-law of his brother was living with Saudagar. Plaintiffs' father and the plaintiffs were looking after and maintaining Saudagar. Neither his daughter, nor her husband were taking any care of Saudagar and thus he (Saudagar) had developed great love and affection for the plaintiffs and their father, who did not leave any stone unturned in looking after and maintaining him so that he could lead a happy life.