SARLA KUMARI Vs. NARLA AND OTHERS

JUDGEMENT

(1.) The present Regular Second Appeal is maintained by the appellant, Sarla Kumari against the judgment and decree, dated 14.12.2004, passed by the learned Additional District Judge (Fast Track Court) Chamba, H.P., in Civil Appeal No.50/04/03, whereby learned Lower Appellate Court, has set aside the judgment and decree, dated 14.3.2003, passed by the then learned Senior Sub Judge, Chamba, H.P., in Civil Suit No.59/2000.

(2.) Briefly stating the facts giving rise to the present appeal are that the plaintiffs/respondents (hereinafter called as "the plaintiffs") maintained a Civil Suit challenging the Will (Ext.DW2/A), executed by Gian Singh, husband of plaintiff No.1 and father of plaintiffs No.2 to 4, defendant No.1 and Proforma Defendant No.2. As per the plaintiff, the Will executed by one Gian Singh, on 1st March, 1999, is illegal, in-operative and having no effect, on the rights of the plaintiffs. As per the plaintiff, Gian Singh was addicted to liquor and taking advantage of this fact and absence of Smt. Dumnu Devi, plaintiff No.1, while she was away to Kangra for her Eye Operation, for some days, defendant No.1(Sarla) in the absence of Dumnu Devi got the Will executed in her favour on 01.03.1999 qua the suit property owned and possessed by Gian Singh depriving the plaintiffs and proforma defendant from succeding to his property. As per the plaintiff, Gian Singh died on 06.04.2002. Deceased Gian Singh was not fit to execute the Will. The Will, in question, is surrounded by suspicious circumstances, so, it be declared as illegal, null, void and in-operative.

(3.) Defendant No.1 filed written statement and contested the suit taking preliminary objections of maintainability, cause of action and estopple. So far as the relationship between the parties is concerned, that remains undisputed. However, as per the defendant (hereinafter referred as "the appellant"), she is one of the daughter of Gian Singh (deceased). Gian Singh was in old age, but was of sound disposing mind. It has been alleged that Gian Singh was not having good relations with plaintiff No.1 (Dumnu Devi) and plaintiff No.1 was not looking after him and he had to be looked after by defendant No.1. It has also been alleged that Gian Singh, out of love and affection, had executed the Will in the presence of witnesses, in his sound disposing mind and that the Will, in question, is a legal document and she has got every right to succeed to the estate left by Gian Singh, as per the Will.