RITA DEVI AND OTHERS Vs. KAMESHWARI DEVI

JUDGEMENT

(1.) The present appeal has been preferred by the appellants/Defendants against judgment and decree dated 1.1.2005 passed in Civil Appeal No. 44/99, 155/2004 by learned Presiding Officer, Fast Track Court, Mandi, H.P. whereby he affirmed the judgment and decree dated 28.4.1999 passed by learned Sub Judge 1st Class, Court No.3, Mandi, District Mandi, H.P. in Civil Suit No. 76/92 311/98/92 and dismissed the appeal.

(2.) The facts, in brief, are that respondent/plaintiff is the mother of the deceased Chint Ram and claimed that she is legally entitled to inherit his property. The deceased Chint Ram has got his property in District Hamirpur and in Mandi and the plaintiff being mother, defendant No.1 being widow and defendants No. 2 and 3 being daughters are entitled to jointly inherit the property of the deceased Chint Ram. The deceased Chint Ram alleged to have self immolated himself by sprinkling kerosene on him on 17.12.1991 and he was removed to Civil Hospital, Mandi in unconscious condition where he remained admitted till 19.12.1991 in a semi-unconscious state of mind. The hospital authorities told that there were hardly any chances of his survival and as such the deceased was discharged from the Civil Hospital. On the request of the parties and other relations he was thereafter removed to PGI, Chandigarh and got admitted there but the deceased Chint Ram could not survive and ultimately died on 23.12.1991. The deceased never expressed his intention to make any sort of Will during the aforesaid period as he was not in his senses to make any such sort of Will. The defendants/ appellants some how have created some false, fictitious and forged Will which is purported to have been executed by the deceased Chint Ram in favour of the defendants on 19.12.1991, which the plaintiff came to know when she received summons from the Assistant Consolidation Officer, Hamirpur about the attestation of mutation regarding the property of the deceased Chint Ram. The said Will was never executed by Chint Ram nor he was in a sound state of mind to execute such Will, and, therefore, the mutation attested in favour of the defendants qua the property of the deceased Chint Ram is illegal, null and void. On the basis of this, the plaintiff filed a suit in the Court below seeking declaration that the impugned Will is a forged document and the same is illegal, null and void and the mutation attested in the name of the defendants on the basis of the said Will is also null and void and prayed for consequential relief restraining the defendants from disposing of the property of the deceased Chint Ram and also seeking decree of joint possession.

(3.) The suit filed by the plaintiff/respondent was contested by the defendants/appellants. It was averred that the plaintiff is the mother of Chint Ram who died on account of stove fire. It was admitted that Chint Ram was having property in Mandi and Hamirpur, Districts but stated that the plaintiff is not entitled to inherit the said property of Chint Ram. It was admitted that Chint Ram was admitted in the hospital at Mandi on 17.12.1991 from where he was discharged on 19.12.1991, but stated that he was taken to his house where he executed the Will in a sound state of mind and thereafter he was taken to PGI, Chandigarh where he died. It was denied that Chint Ram was not in his senses on 19.12.1991. It was also denied that the Will is forged document, but stated that the said Will is genuine document which was executed by the deceased Chint Ram of his own free Will. It was further averred that the plaintiff raised objection at the time of mutation but the said objection was rejected. It was also averred that now the defendants are exclusive owners in possession of the property of Chint Ram after his death on the basis of the Will.