MATHI Vs. LAIQ RAM

JUDGEMENT

(1.) The present appeal is directed against the judgment and decree, dated 9-12-1994, of the learned District Judge, whereby decree of the trial Court, decreeing the suit filed by late Smt. Madhuri, now represented by her Legal Representatives, appellants herein, has been set aside and the suit dismissed.

(2.) Facts relevant for the disposal of the appeal may be noticed. Late Smt. Madhuri was the wife of one Shri Dhania. Dhania owned certain landed property, situated in two different villages of Theog Tehsil, Madhuri filed a suit in January, 1988 alleging that Dhania had died about 3-4 months back and on his death she had inherited the suit property, being his sole legal heir. She stated that they did not have any issue. It was alleged that the defendants, without any right, title or interest in the suit property, threatened to interfere in her possession and also attempted to forcibly oust her from the house of Dhania. Therefore, she filed a suit for issuance of permanent prohibitory injunction restraining the respondents defendants from causing any interference in her possession over the suit property, including the house of late Shri Dhania.

(3.) Defendants respondents contested the suit and claimed that Dhania had executed a Will in their favour on 16-4-1984 and got the same registered with the Sub-Registrar and that on the strength of that Will they were the owners of the entire property of Dhania. They alleged that Dhania was their father's real brother and that they had been maintaining him as also his wife plaintiff Madhuri as they did not have any issue of their own and that pleased with their services Dhania executed a Will in their favour. It was also alleged that plaintiff Madhuri was earlier married to one Balia from whose loins she had a daughter and that after the death of Balia, plaintiff Madhuri and the said daughter inherited his (Balia's) estate. Plaintiff, in her replication, denied the execution of Will and further alleged that if the defendants succeeded in proving that there was any Will of Dhania then the same was the result of fraud and misrepresentation of facts practiced upon Dhania by the defendants. It was alleged that Dhania had been sick for quite long a time and had lost his senses some 7-8 years prior to his death and did not understand what was good or bad for him.