SITA DEVI Vs. GULAB

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree passed by the learned District Judge, Solan on 12.1.2000 in Civil Appeal No. 38 -S/13 of 1998/99.

(2.) BRIEF facts necessary for adjudication of this Regular Second Appeal are that the appellant (hereinafter referred to as the plaintiff for convenience sake) had filed a suit for declaration and injunction whereby she has stated that respondent -defendant No. 2 and plaintiff were daughters of Shri Mansa Ram, son of Shri Daulat Ram (since deceased). Shri Mansa Ram was having two wives, named; Smt. Chamku and Smt. Sunehru and after his death, plaintiff and defendant No. 2 had become owner in possession of 1/3rd each and 1/3rd share was succeeded by said two widows, namely; Smt.Chamku and Smt. Sunehru is equal shares. He was more than 88 years of age and was of fickle mind. The predecessor -in -interest of respondent -defendant No. 1 (hereinafter referred to as defendant No. 1(Shri Amar Singh) took advantage of old age of Shri Mansa Ram and got executed an illegal document, i.e. Will dated 23.1.1973. Accordingly, Will was not binding on the rights of the plaintiff and the same is shrouded with suspicious circumstances.

(3.) THIS regular second appeal was admitted on the following substantial question of law : Whether the Will in suit could be held a valid Will merely on the statements of scribe and Sub Registrar, whereas the execution thereof is denied by both the attesting witnesses?