MOHAN LAL AND OTHERS Vs. GHEDO AND OTHERS

JUDGEMENT

(1.) This Regular Second Appeal has been instituted against judgment and decree dated 14.7.2006 rendered by learned District Judge (Forest), Shimla, HP in Civil Appeal No. 94-S/13 of 2005/04.

(2.) "Key facts" necessary for the adjudication of the present appeal are that the respondent No.1-plaintiff No.1, plaintiff No. 2, Smt. Sodha Devi, predecessor-in-interest of Krishna, Radha and Surinder, and plaintiff No. 3 Roshan Lal, (hereinafter referred to as 'plaintiff(s)' for convenience sake) filed a suit for decree of permanent prohibitory injunction restraining the appellantsdefendants (hereinafter referred to as 'defendants' for convenience sake) from interfering in any manner, in the land detailed in the plaint. According to the plaintiffs, one Shri Shobia son of Molku was exclusive owner-in-possession of the suit land. He died issueless on 15.3.2001. Plaintiff No.1, Ghedo is the widow of deceased Shobia.

(3.) Suit was contested by the defendants. It is denied that Will dated 12.3.2001 was executed by Shri Shobia in his good state of mind and without any pressure. It was denied that plaintiffs are in possession of the suit land. It was averred that defendant No. 2, was in exclusive possession of the suit land. Shri Shobia was in his advance age and had no issue except his wife i.e. plaintiff No.1, who is also ailing. They were unable to cultivate their land and also to maintain themselves. They were being looked after by Shri Mohan and Sania. In the month of June, 2000, he with the consent of his wife, adopted defendant No. 2 Shri Mohan as his son by performing 'giving in' and 'taking away' ceremony with the consent of defendant No. 1, Shri Shobu, his wife and defendant No. 2. Ceremonies were performed in the presence of Inder Singh and Jai Krishan, the then vice president of Gram Panchayat, Cheog. Adoption took place as per the local custom prevailing in the area and recognized by the residents as of right continuously and peacefully since times immemorial. Shobia has executed a Will dated 14.3.2001 in favour of defendant No. 2 to the extent of 8 Bigha and in favour of plaintiff No.1, to the extent of 2 Bigha. Defendant No.2 was residing with the deceased since his adoption and also performed his last rites and also visited Haridwar alongwith plaintiff No.1 and her brother.