BIMLA Vs. NIMBLU

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) THERE was a man by the name of Atma Ram. It appears that he married a lady named Bristu. It further appears that from that lady, he had begotten a daughter named Ram Kali. This Ram Kali was the mother of appellants ­ plaintiffs Bimla and Khuri. Bristu, the wife of Atma Ram died sometime in the year 1958. Said Atma Ram had another wife named Nimblu, who is respondent No. 1 herein. On the death of Atma Ram which took place in the year 2000, his estate was mutated in the name of all the four respondents on the basis of a Will purported to have been executed in their favour by Atma Ram. The present plaintiffs, who claimed to be the daughters of Ram Kali, a pre deceased daughter of said Atma Ram, then filed a suit seeking declaration that Atma Ram had died intestate and that they being the daughters of a pre-deceased daughter of Atma Ram, and as such Class I heirs, along with the respondents, had the right to inherit the estate of Atma Ram. They also sought a declaration that the Will set up by the respondents ­ defendants was not a valid one and that it was the result of fraud and mis-representation or in any case its execution was shrouded by suspicious circumstances. It was also alleged that as a matter of fact, respondents 3 and 4, namely Mohantu and Dev Kali, who were recorded as daughters of respondent No. 1 Nimblu in the Will, were though the daughters of late Atma Ram, they were not born from the womb of respondent No. 1 Nimblu, but from the womb of his first wife Bristu.

(3.) RESPONDENTS ­ defendants contested the claim. They denied that Ram Kali, the mother of the appellants ­ plaintiffs, was the daughter of Atma Ram from the womb of Bristu. They pleaded that as a matter of fact Bristu had no issue. They alleged that respondents 2, 3 and 4 were the daughters of Atma Ram from the womb of respondent No. 1 and Atma Ram had made a Will in favour of all the respondents in the year 1986 and on the basis of that Will, mutation of the estate of Atma Ram had also been attested in their favour.