NAROTAM Vs. SMT. LAXMI DEVI & ORS.

JUDGEMENT

(1.) By way of the present appeal, the appellant/ defendant has challenged the judgment and decree passed by the Court of learned Presiding Officer, Fast Track Court, Mandi, in Civil Appeal No. 140/2003, 21/2005, dated 09.05.2006, vide which, learned Appellate Court has upheld the judgment and decree passed by the Court of learned Sub Judge Ist Class, Court No. 3, Mandi, in Civil Suit No. 144/99, dated 31.07.2003.

(2.) This appeal was admitted on 17.05.2007 on the

(3.) Brief facts necessary for the adjudication of the case are that respondents/plaintiffs, hereinafter referred to as the plaintiffs, filed a suit for declaration with consequential relief of injunction on the ground that late Chhitru was owner in possession of the suit land to the extent of 1/4th share and he died on 18.01.1999 when he was more than 95 years of age. The plaintiffs, defendants No. 2 and proforma defendant No. 4, were the daughters of late Chhitru, whereas defendant No. 3 was his widow, who had no male issue. The entire land of late Chhitru was being used, looked after and cultivated by all his daughters and widow collectively before the death of late Chhitru. They were still possessing it jointly at the time of filing of the suit. Accordingly, they were entitled to inherit the same in equal shares being first class legal heirs of late Chhitru. However, defendant No.1, husband of defendant No. 2, started proclaiming after the death of Chhitru that deceased Chhitru had executed a Will in his favour dated 01.01.1999, vide which, the entire property of late Chhitru had been bequeathed in his favour. As per the plaintiffs, late Chhitru never expected any Will in favour of defendant No. 1 and alleged document was a forged document and even if it stood proved that the thumb mark appended on the Will was of late Chhitru, even then the same was a result of fraud, misrepresentation and undue influence exercised by defendant No. 1 on late Chhitru. Accordingly, on these basis, the plaintiffs filed a suit for declaration that the alleged Will dated 01.01.1999 was null and void having been procured by fraud, misrepresentation by practicing undue influence and further, the plaintiffs be declared owners of the suit property alongwith other heirs of deceased Chhitru.