MANSHA RAM Vs. AMAR NATH

JUDGEMENT

(1.) By way of this petition, the petitioner has assailed order dtd. 4/10/2017, passed by learned Civil Judge (Senior Division), Court No.1, Ghumarwin, District Bilaspur, H.P., in CMA No. 781-6 of 2016, in Civil Suit No. CS 102-1 of 2011, in terms whereof, an application filed by the predecessor respondents No.1(a) to 1(c), namely Amar Nath, under Sec. 65 of the Indian Evidence Act (hereinafter referred to as 'the Evidence Act') to lead secondary evidence, was allowed.

(2.) Brief facts necessary for the adjudication of this petition are that deceased-respondent No.1 Amar Nath, who was the plaintiff before the learned Trial Court, filed a suit praying for a decree of declaration to the effect that plaintiff and defendant No.1 are joint owners in possession in equal share over the share of late Smt. Har Dei, as per her last Will executed on 12/12/2009 and revenue entries showing Har Dei as the owner in possession in revenue record are illegal, null and void.

(3.) In terms of the averments made in the plaint, copy whereof is on record as Annexure P-1, the contention of the plaintiff was that the plaintiff, defendant No.1 and Smt. Har Dei are jointly recorded as owners in possession of the suit land. Smt. Har Dei was being looked after and maintained by the plaintiff as well as defendant No.1 during her lifetime and as Har Dei was pleased with the services of plaintiff and defendant No.1, she had executed a Will dtd. 12/12/2009 out of her free will, consent etc. and in terms whereof, the plaintiff and defendant No.1 were to inherit the property in equal share.