MUNI Vs. JHANKU & ANOTHER

JUDGEMENT

(1.) This appeal has been filed by the appellantdefendant (hereinafter referred to as the 'defendant') against the judgment and decree dated 13.7.2007, passed by learned Additional District Judge, Mandi, Camp at Karsog, H.P., affirming the judgment and decree dated 21.6.2004, passed by learned Civil Judge(Junior Division), Karsog, District Mandi, H.P., whereby the suit filed by the Respondents-plaintiffs (hereinafter referred to as the 'plaintiffs') has been decreed.

(2.) The brief facts of the case are that the plaintiffs filed a suit for declaration and injunction against the defendant. It is averred that Paras Ram alias Parsu was joint owner in possession of 6/32 share of land comprised in Khata/Khatauni No.57/114 to 117, measuring 51-19-17 bighas, situated in village Kahleni, Tehsil Karsog, 3/16 share of land comprised in Khata/Khatauni No.181/361 to 363, measuring 3-4-18 bighas situated in village Lower Karsog, and 3/16 share of Khata/Khatauni No.40/91-92, measuring 16-13-5 bighas. It is alleged by the plaintiffs that they are the nephews of late Shri Paras Ram, who died issueless on 9.1.1999. It is further averred that said Parsu was looked after and maintained by the plaintiffs during his old age and in lieu of the services rendered by them, said Parsu had executed a Will dated 22.12.1980 (Ex.PW-2/A) in their favour. Thus, on the death of Parsu his estate was inherited by the plaintiffs and as such they are owners in possession of the share of deceased Parsu in the suit land. It is further alleged that the defendant is widow of one Juhru and not the widow of deceased Parsu. It is alleged that the defendant manipulated a forged will dated 11.9.1987 (Ex.DW-6/A) of deceased Parsu in her favour, whereas said Parsu never executed any will in favour of the defendant and the said will is result of fraud and undue influence. It is further alleged that the plaintiffs have become owners in possession of the suit land and prayed that they be declared owners in possession of the suit land on the basis of valid will dated 22.12.1980 (Ex.PW-2/A) executed by deceased Parsu and that the will dated 11.9.1987 (Ex.DW-6/A), as claimed by the defendant, be declared null and void and that the defendant be restrained from interfering with their possession over the suit land.

(3.) Defendant, by way of filing written statement, raised preliminary objections on the grounds that the suit is bad for non-joinder of necessary parties and the same is not in proper form. On merits, the defendant has admitted the ownership and possession of late Shri Parsu alongwith other co-sharers. It is averred by the defendant that she is legally wedded wife of late Shri Parsu, who was looked after and maintained by her during his old age. It is also alleged by the defendant that she performed all religious obsequies on the death of her husband Parsu. It is alleged by the defendant that said Parsu had executed a valid will dated 11.8.1987 in her favour, which was also registered. The defendant refuted the case of the plaintiffs that Parsu had executed a will dated 22.12.1980 in their favour and prayed for dismissal of the suit.