SUBHASH KUMAR Vs. MANDRA DEVI AND ORS.

JUDGEMENT

(1.) THE defendant is the appellant, who has lost in both the Courts below.

(2.) THE predecessor -in -interest of the respondents, Mandra Devi, had filed a suit for declaration to the effect that she is owner in respect of estate of her husband namely Ramesh Chand which is fully detailed in the head note of the plaint. Ramesh Chand, husband of the plaintiff, died on 30.07.1983 and the plaintiff being the only legal heir is entitled to succeed the estate of her husband. It was alleged that the defendant is very head strong person and being influential in the locality managed to procure some forged document alleged to be the Will having been executed by deceased Ramesh Chand in his favour during his life. The alleged Will is invalid, inoperative and ineffective and has no bearing on the right, title or interest of the plaintiff over the suit land. It was further alleged that on the basis of the alleged Will the defendant has started extending threats to interfere over the suit land.

(3.) PLAINTIFF filed replication whereby she reiterated and reaffirmed the averments made in the plaint and denied the averments made by the defendant in the written statement.