SATISH KUMAR Vs. NANNDER KUMAR

JUDGEMENT

(1.) This is the plaintiffs second appeal against the judgment and decree of the learned Additional District Judge (2), Kangra at Dharamshala, who affirmed the judgment and decree of the learned trial Court dated 27th July, 1991, passed in Civil Suit No. 123 of 1989, dismissing the suit of the plaintiffs.

(2.) The plaintiffs instituted a suit for declaration to the effect that they were the owners of the property in terms of the Will Ext. PW -3/A executed by the deceased Chuni Lal in their favour and any subsequent Will which may be set up, are not in consonance with the provisions of Indian Succession Act. According to the plaintiff, the Will dated 19th August, 1971 Ext.PW -3/A was the only valid Will executed by the testator as at that time he was in sound disposing mind and all subsequent purported Wills executed by him were not binding on his estate.

(3.) The trial court framed seven issues. Strangely, the onus to prove that the will set up by the defendants Ext. DI, dated 22nd/23 February, 1986 has been put on the plaintiffs, which is against the settled principle of law that it for the propounder to establish the validity of his Will and not on the opposite side. Be that as it may. Nothing is being said in this appeal since no judgment is being passed on merits.