SHIV CHAND Vs. PARWATI DEVI

JUDGEMENT

(1.) THIS is the defendant's Regular Second Appeal filed under Section 100 of the Code of Civil Procedure.

(2.) JOGU Ram owned land comprising of khewat No. 45/44, khatauni No. 73, khasra Nos. 207, 210, 211, 213, 215, 208, 209, 212 and 214, kita - 9, measuring 22 -10 -5 bighas situated in village/Muhal Shilh/511, Sub Tehsil Aut, District Mandi, H.P. with other co -sharers to the extent of 1380 shares out of 18010 shares. On 9.7.2007, Parwati (plaintiff - respondent herein) filed a suit claiming to be owner in possession of the same (suit land) as legally wedded wife of Sh. Jogu Ram who expired on 8.2.2007. Challenge was laid to an unregistered Will dated 21.1.2007 propounded by Shiv Chand (defendant - appellant herein), who also got entries of mutation recorded in his name. Plaintiff pleaded the Will to be an act of fraud, misrepresentation, deception etc.

(3.) BASED on the respective pleadings of the parties, trial Court framed the following issues: