BHUPINDER SINGH Vs. GOLA DEVI & ORS

JUDGEMENT

(1.) By way of the present appeal, the appellant has challenged the judgment passed by the Court of learned District Judge, Kullu, in Civil Appeal No. 60 of 2004, dated 18. 6. 2005, vide which, the learned lower Appellate Court, has affirmed the judgment and decree passed by the learned Civil Judge (Senior Division), Lahaul & Spiti at Kullu, in Civil Suit No. 20 of 1999, dated 3. 6. 2004.

(2.) Material facts necessary for adjudication of this Regular Second Appeal are that plaintiff/respondent (hereinafter referred to as 'plaintiff') maintained a suit for declaration against the defendant/appellant (hereinafter referred to as 'defendant') alleging that plaintiff-Shauni Devi, is owner-in-possession of land comprised in Khata No. 671, Khatauni No. 1258, Khasra Nos. 1468, 1452, 1469, 1507, 1467, 1599 and 5096, kita 7, measuring 20-7-0 bighas and 1/6th share measuring 1-1-7 bighas, out of land comprised in Khata No. 672, Khatauni No. 1259, Khasra No. 1466, measuring 6-10-0 bighas, situated in Phati Nathan, Kothi Naggar, Tehsil and District Kullu, (H. P) (hereinafter referred to as 'suit land') and on the basis of last Will dated 16. 1 1976 executed by her husband, Chande Ram, as a result of which, mutation No. 4194 and 4174 in favour of the defendants are illegal and void. As per the plaintiff, Shauni Devi, was legally wedded wife of Chande Ram and Gola Devi, was her daughter. At the very outset, the pedigree table of Chande Ram, is as under : <IMG border=2 src="images\260918-194.jpg">

(3.) Defendants No. 1 to 6 filed their joint written statement by raising preliminary objections qua limitation, estoppel, maintainability and valuation. On merits, plaintiff is admitted, as widow of late Chande Ram. The factum of execution of Will dated 16. 12. 1976 by Chande Ram, is also admitted. It is pleaded that plaintiff being second wife of Chande Ram and step mother of the defendants was not interested in the defendant to get their share out of estate left by their father Chande Ram. The Will dated 16. 12. 1976, is the result of undue influence. Chande Ram was not happy with the acts and conduct of plaintiff, as she used to forced him to deprive the defendants of his estate. Chande Ram, deposited Rs. 76000/- in State Bank of India, Katrain Branch and an amount of Rs. 14,000/- in Post Office Larankelo, in the name of plaintiff in lieu of her maintenance. Defendant No. 1 Mine Ram and Mohar Singh, predecessor-in-interest of defendants No. 2 to 6 used to serve their father Chande Ram and in lieu of such services rendered by them, Chande Ram, out of his free volition executed his last Will dated 17. 11. 1991 by revoking earlier Will dated 16. 12. 1976. Defendant No. 1 Mine Ram and Mohar Singh were burdened with maintenance of Rs. 200/- to the plaintiff. The mutation was rightly attested in their names, on the basis of last Will dated 17. 11. 1991 and as such, they are owner-inpossession of the suit land.