SHAKUNTALA DEVI Vs. SAVITRI DEVI

JUDGEMENT

(1.) This appeal has been directed by the defendants against the judgment dated 1-7-1989 of the District Judge, Una, allowing the appeal of the plaintiffs against the judgment and decree dated 22-10-1986 of the Sub Judge Ist Class, Amb, District Una and granting a decree for joint possession to the extent of 1/2 share in the land in dispute.

(2.) The admitted pedigree table of the parties is as under:- (See table below) Bansi Lal son of Inder owned and possessed the following lands in village Badoh Bhadarkali, Tehsil Amb, District Una:(a) 1/2 share in the land measuring 95 Kanals 18 Marlas comprising of Khewat No. 532, Khatauni Nos. 1291 to 1296; (b) 1/4 share in the land measuring 36 Kanals 13 Marlas comprising. of Khewat No. 534 Khatauni Nos. 1302 to 1308; (c) 1/8 share in the land measuring 5 Kanals 18 Marlas comprising of Khewat No. 537 Khatauni Nos. 1338 to 1343.The total land thus falling to the share of said Shri Bansi Lal was 57 Kanals 17 Marlas. Bansi Lal, above named, during his lifetime made certain gifts and sale of a part of the land owned by him. Such gifts and sale are not being disputed by the plaintiffs. After deducting the land gifted away and sold by said Sh. Bansi Lal, land measuring 18 Kanals 3 Marlas, as detailed in the headnote of the plaint and hereinafter referred to as the land in dispute', was left with him. Bansi Lal died on 13-9-1980. The defendants got a mutation of inheritance qua the land in dispute sanctioned in their favour on the basis of a will alleged to have been executed in their favour by deceased Bansi Lal.

(3.) The plaintiffs have challenged the said will alleged to have, been executed by deceased Bansi Lal in favour of the defendants. It was averred that no will was executed by the deceased Bansi Lal in a sound disposing mind in favour of the defendants. The will, if any, is a result of forgery and not binding on the interest of the plaintiffs, who are entitled to succeed to the extent of 1/2 share in the land in dispute being the natural legalInderBansi Lal.Shakuntla Devi, Satya Devi, Savitri Devi, Bhagwanti daughter daughter, daughter, daughter.Defendant No. 1. Defendant No. 2.Plaintiff No. 1Hem RajVed ParkashVijay KumariShamla Kumari(Plaintiffs 2 to 5) heirs of the deceased Bansi Lal along with the defendants.