BISHAN DASS & OTHERS Vs. SARDARI LAL

JUDGEMENT

(1.) The instant Regular Second Appeal stands directed by the defendants/appellants against the impugned rendition of the learned Additional District Judge, Una whereby he dismissed the appeal of the defendants/appellants herein and affirmed the findings rendered by the learned Sub Judge 1st Class (1), Amb, District Una, H.P., whereby the latter Court decreed the suit of the plaintiff. The defendants/appellants herein stand aggrieved by the judgment and decree of the learned Additional District Judge, Una. Theirs standing aggrieved, they have therefrom preferred the instant appeal before this Court for seeking from this Court a verdict for reversing the findings recorded therein.

(2.) It has been averred in the plaint by the plaintiff that the defendants have not right, title or interest qua the estate left by late Sh. Chhajju Ram husband of the original plaintiff Smt. Bhambo Devi and in particular with respect to the land as detailed in the plaint, hereinafter referred to as the suit land. It is also averred that the defendants got attested mutation No.66 of 14.8.1992 in their favour on the anvil of the alleged Will of Chhajju Ram of 6.11.1974 which is alleged to be illegal on the ground of its being result of fraud and undue influence hence prayed that it is liable to be set aside being inopertive qua the rights of the plaintiff. The plaintiff claims that she is owner in possession of the suit land and the estate left by her husband. Consequently, the plaintiff has prayed for declaring the alleged Will null and void and further to restrain the defendants from causing interference in the suit land in the manner or in case the defendants succeeds in taking forcible possession of the suit land or part thereof, a decree for possession be also passed.

(3.) The defendants contested the suit and filed written statement, wherein they have taken preliminary objections qua maintainability, cause of action, limitation and estoppel. On merits, it has been pleaded that Sh. Chhajju Ram during his life time had executed a valid Will in their favour and he died on 5.2.1992. The Will was stated to have been executed out of his free volition as the defendants have been taking care of Chhaju Ram during his life time. The Will which was stated to have been executed in the year 1975 thus is claimed by the defendants to have been executed by the testator in a sound disposing mind and thus after his death on the strength of the Will defendants have succeeded to the estate of said late Sh. Chhajju Ram. In respect of the attestation of the mutation, it is submitted that the said document was also attested in the presence of the general public and therefore, the plaintiff has no right whatsoever in the estate left behind by Chhajju Ram and prayed that the suit be dismissed.