KAMLA DEVI Vs. SHEELA DEVI

JUDGEMENT

(1.) By way of the present appeal, the appellants have challenged the judgment and decree passed by the Court of learned Additional District Judge, (Presiding Officer, Fast Track Court, Solan, District Solan, (H.P), in Case No.14FT/13 of 2005/2004, dated 2.12.2005, affirming the judgment and decree passed by the learned Civil Judge (Junior Division), Solan, District Solan, (H.P) in Civil Suit No.28/1 of 2004/97, dated 30.6.2004.

(2.) Material facts necessary for adjudication of this Regular Second Appeal are that respondents/plaintiffs (hereinafter referred to as 'plaintiffs') maintained a suit for declaration against the original defendants/appellants (hereinafter referred to as 'defendants') alleging that suit land comprised in Khata/Khatauni No.10/14, kitas 10, measuring 39-18 bighas to the extent of 1/8th share, situated in Mauza Annu, Tehsil and District Solan, (H.P) (hereinafter referred to as the 'suit land') was owned and possessed by Gullu Ram son of Sant Ram, who was husband of plaintiff, namely, Sheela Devi. They have claimed that Gullu Ram, died on 10.11.1996, leaving behind the plaintiffs, as his heirs and successors. Therefore, on the basis of natural succession, they are entitled to inherit his estate. However, defendant (Smt.Kamla Devi), who is sister of deceased Gullu Ram, got the suit land mutated in her favour, vide mutation No.97, dated 16.5.1997, on the basis of some Will alleged to have been executed by the deceased on 20.10.1997. According to the plaintiff, Gullu Ram, died intestate and he never executed any Will and therefore, mutation No.97, dated 16.5.1997, is totally wrong, illegal, null and void and not binding upon the right, title or interest of the plaintiffs.

(3.) Defendant contested the suit by raising preliminary objections qua suppression of material facts and estoppel. On merits, the defendant has not disputed that plaintiff Smt. Sheela Devi, is widow and other plaintiff's children of late Gullu Ram, but denied that they are entitled to succeed to his estate. As per the defendant, plaintiff No.1, who was not having good relations with late Gullu Ram, deserted him 12-13 years ago and took away plaintiffs No.2 and 3 alongwith her. During this period, defendant, who is real sister of Gullu Ram, had been serving him to the best of her capability and prior to his death Gullu Ram, had executed a legal and valid Will, dated 20.10.1996 in her favour. The defendant has further pleaded that on the basis of Will, dated 20.10.1996, she has become owner-in-possession of the suit land and as such, mutation No.97, dated 16.5.1997 is legal and valid.