SWARNA DEVI Vs. RUKO AND ORS.

JUDGEMENT

(1.) This appeal has been filed against judgment and decree dated 27.02.2006 passed by learned Additional District Judge, Fast Track Court, Kangra at Dharamshala, in Civil Appeal No. 157 -G/04/01 titled Smt. Swarna Devi v/s. Smt. Ruko & Ors., whereby the learned Appellate Court has affirmed the judgment and decree passed by learned Sub Judge First Class (1), Dehra, dated 23.10.2000 in Civil Suit No. 25 of 1988 titled Gian Chand v/s. Swarna Devi & Ors.

(2.) This appeal was admitted on 27.02.2007 on the following substantial question of law: - -

(3.) Gian Chand, predecessor -in -interest of the present respondents, filed a suit dated 16.01.1988 for declaration to the effect that he is owner to the extent of 1/3rd share and in joint possession of the suit land measuring 3 -39 -48 Hecs., situated in Muhal Ucchar Mauza Amb, Tehsil Dehra, District Kangra, H.P. and Will dated 16.02.1981 purported to have been made by Shri Sant Ram deceased father of the plaintiff in favour of defendant No. 1, is false, fabricated and is result of misrepresentation and coercion and also against the natural mode of succession and against Kangra custom and same does not affect the right of the plaintiff to succeed to the estate of the deceased to the extent of 1/3rd share. He also prayed for decree of permanent injunction restraining defendant No. 1 from changing the nature of the suit land in any manner, cutting, felling and removing any tree from the suit land, alienating any part of the suit land by way of sale, gift or mortgage or in any other manner.