SOMA DEVI Vs. GENERAL PUBLIC

JUDGEMENT

(1.) Appellants-plaintiffs have preferred this appeal against judgment and decree dtd. 2/4/2012, passed by District Judge, Hamirpur, H.P., in Civil Appeal No.57 of 2009, titled as Soma Devi and others vs. General Public and others, whereby judgment and decree dtd. 3/3/2009, passed by Civil Judge (Junior Division), Court No.III, Hamirpur, H.P., in Civil Suit No. 146 of 2001, RBT No.870 of 2004, titled as Vijay Kumar vs. General Public and others, has been affirmed dismissing claim of the appellants to declare Will dtd. 12/2/1997 alleged to be executed by Likhu Ram, is a valid Will and liable to be registered.

(2.) On 3/10/2016 appeal was admitted on the following substantial question of law:-

(3.) It is case of the appellants that Likhu Ram was having two wives and respondents No.2 to 8 were children of first wife, whereas, Vijay Kumar (predecessor-in-interest of present appellants) and Kashmir Singh were sons of second wife. Likhu Ram had expired on 13/2/1997. According to respondents No.2 to 8, Likhu Ram had executed a Will dtd. 22/3/1995 to bequeath his property in favour of Chuni Lal, Vijay Kumar and Kashmir Singh for the first time. It was registered in the office of Sub-Registrar, Hamirpur. However, the first Will dtd. 22/3/1995 was revoked/cancelled by Likhu Ram by executing a subsequent Will dtd. 16/8/1996 whereby Likhu Ram had bequeathed his property in favour of Chuni Lal, Manohar Lal, Dev alias Baldev with specific reference of cancellation of earlier Will dtd. 22/3/1995 and exclusion of other legal heirs.