KAMAL NAIN AND OTHERS Vs. RANO RAM

JUDGEMENT

(1.) This appeal has been filed against the judgment passed by learned Additional District Judge-I, Kangra at Dharamshala, in Civil Appeal No. 100-N/2002 dated 9.6.2005, vide which, learned Appellate Court while dismissing the first appeal filed by the present appellant has upheld the judgment and decree passed by the Court of learned Sub (II), Nurpur, District Kangra in Civil Suit No. No. 14/94 dated 11.9.2002.

(2.) This appeal was admitted on 27.09.2005 on the following substantial questions of law:

(3.) Brief facts necessary for the adjudication of this case are the appellants-plaintiffs (hereinafter referred to as the 'plaintiffs) filed a suit for declaration on the ground that deceased Munshi Ram, father of plaintiff No. 1, was owner of the suit land and after his death plaintiff No. 1 inherited the estate of the deceased being his only heir. Mutation of the estate of the deceased Munshi Ram was also sanctioned in favour of plaintiff No. 1 on 18.05.1989. Later on plaintiff No. 1 gifted part of the suit land to his sons i.e. plaintiffs No. 2 to 4, vide registered gift deed and mutation was also sanctioned in favour of his sons on the basis of said gift deed. Further, according to the plaintiffs, defendant is neither related to plaintiff No. 1 nor was he related to deceased Munshi Ram. Defendant alleging himself to be an adopted son of deceased Munshi Ram filed an appeal against the order of mutation of inheritance sanctioned in the name of plaintiff No. 1 qua the estate of deceased Munshi Ram and Collector vide order dated 2.9.1993 remanded the mutation to the Revenue Officer for retrial. According to the plaintiffs, the defendant was not the adopted son of deceased Munshi Ram nor any 'Will' was executed by Munshi Ram in favour of the defendant, as was being propounded by the defendant and the 'Will' so propounded by the defendant was false and fictitious, prepared and manipulated by defendant in connivance with the witnesses and the scribe. It was further the case of the plaintiffs that filing of the appeal by the defendant and producing the false and forged 'Will' had created a cloud upon the rights of the plaintiffs as the defendant had no concern or connection with deceased Munshi Ram. On these bases, the plaintiffs filed the suit seeking decree of declaration in their favour and against the defendant to the effect that plaintiff No. 1 was owner of the suit land having inherited the same from his deceased father and defendant had no concern or connection with the same, neither defendant had any connection with the property subsequently gifted by the plaintiff No. 1 to his sons i.e. plaintiffs No. 2 to 4 nor any alleged 'Will' was executed by deceased Munshi Ram and the said 'Will' was false and fictitious.