DOLA RAM Vs. PIARE RAM

JUDGEMENT

(1.) This regular second appeal has been directed by the plaintiff against the judgment and decree dated 17.11.1990 of the learned District Judge, Mandi, camp at Kullu, reversing the judgment and decree dated 27.11.1989 of the learned Sub -Judge 1st Class, Kullu.

(2.) The pedigree table, showing the relationship of the parties is as under: - Dola Ram, son (plaintiff) Smt. Dugli wd/o Nathu Khub Ram, son (Defendant No. 5) Smt. Izi, daughter (Defendant No. 6) i Smt. Man Dassi, daughter Piare Ram I Tabe Ram Cham; r n an Lai Kaula F (Defendant No. 7) tarn (Defe ndants No. 1 to 4) Briefly, the facts of the present case may be stated thus. Smt. Dugli owned about 2 -16 -10 Bighas of land in Phati Hallan, Kothi Naggar, Tehsil and District Kullu. She, being an old, rustic and illiterate widow, during her life time used to live with her two sons, namely; the plaintiff and defendant No. 5, by rotation for a period of two months. It was her desire that her landed property should be inherited by her two sons in equal shares and as such was interested in executing a will in their favour.

(3.) In the month of March 1988 when Smt. Dugli was living with defendant No.5, she was taken ill. She was, therefore, brought to Kullu by defendant No. 5 for medical treatment. At Kullu, defendant No. 5 asked her about the making of the Will in favour of her two sons. On her consent, defendant No. 5 got some document executed from her by representing the same to be a Will in favour of the plaintiff and defendant No. 5 in equal shares. The said document was never read over and explained to her. Three four days after the execution of the said document, Smt. Dugli went to live with the plaintiff, when she disclosed to him about the Will having been got executed from her by defendant No.