DEEPESHWAR SINGH Vs. TULSI DEVI

JUDGEMENT

(1.) THE present appeal arises out of the judgment and decree dated 19.10.1995 passed by the Additional District Judge, Kullu, Distt. Kullu, H.P. In Civil Appeal No. 5 of 1995 titled as Deepeshwar Singh v. Tulsi Devi and others dismissing the appellants appeal and upholding the judgment and decree dated 26.11.1994 passed by the Senior Sub Judge, Lahaul Spiti District at Kullu exercising the powers of Sub Judge Ist Class, Kullu.

(2.) FOR the purpose of convenience, the appellant herein is referred to as ˜the defendant and the respondents herein are referred to as the plaintiffs.

(3.) ON the strength of the Will dated 4.6.1986 registered before the Sub Registrar on 10.4.1990 purportedly executed by Shri Saran Dass in favour of the defendant, he started interfering with the plaintiffs possession. Consequently, the plaintiffs filed Civil Suit No. 76 of 1990 titled as Tulsi Devi and others vs. Deepeshwar before the Sub Judge Ist Class, Kullu seeking declaration to the effect that the plaintiffs being legal heirs of deceased Shri Saran Dass were owning and possessing the properties as such and that the defendant had got no right, title or interest in the same. A declaration was also sought to the effect that the Will dated 4th of June, 1986 being forged, fictitious and surrounded with suspicious circumstances was not bringing on the plaintiffs. A consequential relief of injunction was also sought against the defendant.