KISHORI LAL Vs. GIRDHARI LAL AND OTHERS

JUDGEMENT

(1.) Plaintiff is the appellant, who after having lost before both the learned Courts below, has filed the instant appeal.

(2.) Plaintiff has sought declaration to the effect that land i.e. (i) land measuring 3-04-58 Hects, bearing Khewat No.27, Khatauni No. 28, Khasra Kita-19; (ii) land measuring 0-41-02 Hects being share out of total land measuring 0-72-41 Hects bearing Khewat No. 28, Khatauni Nos. 29, 30, Khasra Kita-11; (iii) land measuring 01-08- 98 Hects bearing Khewat No. 85, Khatauni Nos. 101, 102, 103, 106, 108, 109, bearing Khasra Nos. 678, 719, 28, 420, 677, 422, 676, 674, 690, 693, 698, 716, 717, 683, 685 qua the share of Sita Ram, as per jamabandi for the year 2001-02, situated in Village Khurwain, Mauza Momaniar, Tehsil Bangana, District Una, H.P. (hereinafter referred to as the suit land) is jointly owned and possessed by the plaintiff along with defendant Nos.1 to 8 being successors-in-interest of deceased Sita Ram and the alleged Wills dated 07.05.2001 and 25.05.2005 bearing Basika Nos. 44 & 90, respectively, alleged to be executed by deceased Sita Ram in favour of defendants No.8 to 11, are wrong, illegal, null and void having no bearing on the rights of the plaintiff qua his share. In addition to above, consequential relief of permanent injunction and in the alternative relief of joint possession were also sought for.

(3.) It was averred by the plaintiff that earlier the suit land was owned and possessed by Sita Ram, who died on 07.11.2006, leaving behind plaintiff and defendants Nos. 1 to 8, as his successors. During his life time, said Sita Ram was residing with the plaintiff and was being looked after by him and the suit land and other property of said Sita Ram was also being managed by the plaintiff. It was further averred that the plaintiff spent handsome amount on the performance of last rites of said Sita Ram. On the other hand, defendants No.3 to 8 were residing at Lucknow for the last so many years and never served deceased Sita Ram at any point of time. It was also averred that defendants No.1, 10 and 11 being very clever and head strong persons started threatening the plaintiff to alienate the suit land and to take forcible possession by ousting the plaintiff upon which the plaintiff collected the revenue records which revealed that the defendants in connivance with some other persons have got executed two fake and fictitious Wills dated 07.05.2001 and 25.05.2005 alleged to be executed and registered by said Sita Ram in favour of defendants No.8 to 11, whereas, there was no occasion to execute such Wills. Lastly, the plaintiff requested the defendants not to advance such illegal and unwarranted threats and to admit his genuine and lawful claim to which they refused. Hence, the suit was filed.