LAWS(HPH)-2016-9-88

BRAHMI DEVI AND OTHERS Vs. BAVITA DEVI

Decided On September 08, 2016
Brahmi Devi And Others Appellant
V/S
Bavita Devi Respondents

JUDGEMENT

(1.) This Regular Second Appeal has been instituted against judgment and decree dated 7.5.2015 rendered by the learned Additional District Judge, Ghumarwin, District Bilaspur, Himachal Pradesh in Civil Appeal No. 80/13 of 2014.

(2.) "Key facts" necessary for the adjudication of the present appeal are that appellants-plaintiffs (hereinafter referred to as 'plaintiffs' for convenience sake) filed a suit for declaration and for permanent prohibitory injunction against the respondent-defendant (hereinafter referred to as 'defendant' for convenience sake).

(3.) Suit was contested by the defendant. She pleaded that after the death of her husband Vijay Kumar, she and plaintiff No.1 were co-owners in joint possession of the suit land to the extent of half share each because Vijay Kumar was the sole owner in possession of the suit land on the basis of Will duly executed in his favour by Late Shankar on 23.2.1984.