CHIRI DEVI AND ANOTHER Vs. DROMPTI DEVI (DECEASED)

JUDGEMENT

(1.) This Regular Second Appeal has been instituted against Judgment and Decree dated 26.4.2003 rendered by learned Additional District Judge, Mandi, District Mandi, HP in Civil Appeal No. 37 of 1997.

(2.) "Key facts" necessary for the adjudication of the present appeal are that the appellants-plaintiffs (hereinafter referred to as 'plaintiffs' for convenience sake) filed a suit for declaration and injunction against the respondent-defendant (hereinafter referred to as 'defendant' for convenience sake) that Smt. Todari executed a will in favour of the defendant. The suit property was earlier owned by deceased Basakhu. Property was inherited by Todari after the death of Basakhu. It is averred in the plaint that after the death of Basakhu, his entire property was looked after by Shri Khima, husband of plaintiff No.1. Husband of the defendant prevailed upon Todari by undue influence and allurement and got prepared the will dated 8.4.1982 in favour of the defendant. It was outcome of fraud, misrepresentation and deceit. Todari was not in a sound disposing mind.

(3.) Suit was contested by the defendant. According to the defendant, Todari executed a will in a sound state of mind in favour of the defendant.