SOMA DEVI Vs. MAST RAM

JUDGEMENT

(1.) The plaintiff is the appellant, who has lost in both the Courts below and has filed the second appeal praying therein for setting aside the judgments and decrees so passed by the Courts below.

(2.) The plaintiff/appellant (hereinafter referred to as the 'plaintiff') sought a declaration to the effect that the alleged Will dated 14.6.2000 allegedly executed by Paras Ram in favour of the respondent/defendant (hereinafter referred to as the 'defendant'), was fictitious and is the result of undue influence and, therefore, he be restrained by way of permanent prohibitory injunction from interfering in the suit land comprised in Khewat No. 213, Khatauni No. 240, Khasra Nos. 701, 713, Kita-2, measuring 3-16-17 situated in Muhal Dehar/75, Tehsil Sundernagar, District Mandi, H.P.

(3.) The plaintiff claimed herself to be the legally wedded wife of Paras Ram, who expired on 19.5.2001, that too, after suffering long ailment. It was claimed that the plaintiff was the sole surviving legal heir of Paras Ram, who was owner in possession of the suit land and had expired without leaving behind any Will regarding the suit land. It was further averred that she came to know about the forged and fictitious Will when the same was presented before the Assistant Collector 2nd Grade, Sundernagar. It was also contended that Paras Ram was not in a sound disposing mind due to long ailment and had therefore not executed the Will, which is the result of undue influence. Hence the suit.