PRAVEEN KUMAR AND OTHERS Vs. SHEELA DEVI

JUDGEMENT

(1.) Defendants (appellants herein) have filed the present appeal under the provisions of Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 12.6.2014, passed by the learned Additional District Judge, Ghumarwin, District Bilaspur, Himachal Pradesh, in Civil Appeal No.23/13 of 2014, titled as Praveen Kumar and Others v. Sheela Devi, whereby judgment and decree dated 17.1.2014, passed by Civil Judge (Junior Divison), Court No.2, Ghimarwin, District Bilaspur, Himachal Pradesh, in Civil Suit No.100/1 of 2004, titled as Sheela Devi v. Praveen Kumar and others, stands affirmed.

(2.) Sheela Devi (respondent herein) claimed to be the only legal heir of her father late Heeru Ram and as such claimed absolute right in his estate being share in the suit land. She filed a suit for declaration and injunction, assailing entry of mutation No.172, dated 23.1.2001, so attested on the basis of Will dated 10.11.1997 of late Heeru Ram, in favour of defendants Praveen Kumar, Mahinder Pal, Urmila Devi and Bimla Devi.

(3.) On the other hand, Bimla Devi (defendant No.4) claimed herself to be the legally wedded wife and Praveen Kumar (defendant No.1), Mahinder Pal (defendant No.2) and Urmila Devi (defendant No.3) to have been born to her through the loins of late Heeru Ram. Plaintiff's contention of having born to Judhya Devi, legally wedded wife of Heeru Ram, was seriously objected to by the defendants.