CHUNI LAL Vs. MOHINDER SINGH

JUDGEMENT

(1.) EQUIVALENT Citation(s): 2011 (1) ShimLC 144 : 2008 AIJ_HP 712283 JUDGEMENT : - Dev Darshan Sud, J. 1 This appeal has been preferred by the Plaintiff against the judgment of the learned District Judge, Kangra at Dharamshala, reversing the judgment and decree passed by the learned Senior Sub -Judge in favour of the Appellant -Plaintiff granting a decree for declaration to the effect that he along with proforma Defendants is owners in possession of the land owned and possessed by late Shri Chuhru Ram to the extent as described in the plaint having inherited the same by virtue of a registered Will dated 16.8.1982 Ext. PW -2/A.

(2.) THE appeal preferred to the learned District Judge, by the contesting Respondent Smt. Asso Devi succeeded and the judgment of the learned trial Court was set aside. The Plaintiff is now in appeal.

(3.) THE Plaintiff instituted a suit praying for a decree of declaration to the effect that he along with Harpal Singh and Barfi Ram are the owners in possession of the land. It was pleaded that late Shri Chuhru Ram was not married to Respondent -contesting Defendant Smt. Asso Devi and that she was living with him as his concubine. Before his death, he executed a Will Ext. PW -2/A in favour of Plaintiff on 16.8.1982 which was duly registered. A further allegation against the Plaintiff is that an unregistered Will dated 14.12.1983 was alleged to have executed by the deceased in favour of the contesting Defendant Smt. Asso Devi. Proceeding for its registration were instituted before the Sub -Registrar who dismissed the case for default on 25.3.1987, but granted registration on 29.7.1988. This Will Ext. DW -2.A, according to the Plaintiff is forged and was never executed by late Chuhru Ram. As a consequence it was pleaded that the estate of Chuhru Ram cannot abide by the directions as issued in this Will. An alternative averment has been made that the Will has been made by fraud, collusion and misrepresentation as it was got prepared by the Defendants - Respondents in collusion with scribe and the marginal witnesses. They are related to each other and the disposition of the Appellant to this Will is invalid. The suit of the Plaintiff has been resisted by the Defendants on a number of grounds. It is pleaded that Ext. DW -2/A which is Will is last testament and that the averments to the contrary made by the Plaintiff are not correct.