SURJIT SINGH Vs. BIMLA DEVI

JUDGEMENT

(1.) The present appeal arises out of the judgment and decree dated 1.11.1995 passed by the District Judge, Kangra at Dharamshala, in Civil Appeal No. 89-D/XIII-1995 titled as Kesar Singh v. Surjeet Singh and Anr., allowing the defendants appeal and reversing the judgment and decree dated 20.8.1994 passed by the Sub Judge 1st Class (I), Dharamshala, District Kangra, (H.P.) in Civil Suit No. 280 of 1986 titled as Surjeet Singh and Anr. v. Kesar Singh.

(2.) The suit was filed by the original plaintiff Smt. Giano Devi on 17.5.1986 before the Sub Judge 1st Class (I), Dharamshala, District Kangra and was registered as Civil Suit No. 280 of 1986 titled as Giano Devi v. Kesar Singh and Shri Vakil Singh. During its pendency, Smt. Giano Devi died and, therefore, by virtue of the Will dated 5.8.1983 (Ext.P-1), the sons of Vakil Singh were substituted as plaintiffs and Vakil Singh (defendant No. 2) was deleted from the array of parties. Therefore, the parties to the suit, on the date of its decision was as under:

(3.) For the purpose of convenience, the present appellants herein are referred to as 'the plaintiffs', the original plaintiff is referred to as 'Smt. Giano Devi'. Original defendant No. 1 Kesar Singh is referred to as Kasar Singh, original defendant No. 2 Vakil Singh as Vakil Singh and since Kesar Singh has also died, his legal heirs, the present respondents are referred to as respondents.