PARMESHWARI DEVI Vs. KAMLESH DEVI AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 31.10.2003 rendered by the Addl. District Judge, Una in Civil Appeal (RBT) No. 123/2000/97

(2.) "Key facts" necessary for the adjudication of this appeal are that the appellant -plaintiff (herein after referred to as 'plaintiff' for convenience sake) instituted a suit against the respondents -defendants (hereinafter referred to as the "defendants" for convenience sake) for declaration to the effect that plaintiff was owner in possession of the land measuring 15 kanals 10 marlas out of the land measuring 61 kanals 17 marlas as detailed in the head note of the plaint on the basis of "will" executed by Darshan Lal on 5.4.1984 and the defendants have no right, title and interest of any kind in the suit land and the alleged mutation dated 25.6.1988 in favour of the defendants was wrong, incorrect and contrary to law. Consequential relief was also sought restraining the defendants to interfere with the possession of the plaintiff over the suit land and also restraining them from taking possession of the suit land. Darshan Lal (deceased) was married to defendant No. 1 Kamlesh Devi on 22.6.1983. Defendant No. 1 used to live with her parents. On 4.4.1984 due to some heated arguments between deceased Darshan Lal and defendant No. 1, Darshan Lal consumed poison. The parents of Darshan Lal tried their best to save his life. However, Darshan Lal died on 5.4.1984. He executed valid "will" regarding his estate in favour of the plaintiff. Thereafter, defendant No. 1 gave birth to defendant No. 2, namely, Parmila Devi.

(3.) PLAINTIFF filed replication to the written statement. Issues were framed by the Sub Judge, Una on 9.11.1989. He decreed the suit on 31.1.1997. Defendants preferred an appeal before the Additional District Judge, Una. He allowed the same on 31.10.2003. Hence, the present Regular Second Appeal. It was admitted on the following substantial questions of law: