DARSHAN DEVI Vs. SOM DUTT & ORS

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree passed by the learned Additional District Judge-I, Kangra at Dharamshala, whereby he allowed the appeal filed by the plaintiffs/respondents, setting aside the judgment and decree passed by the learned Civil Judge (Sr. Division), Nurpur, District Kangra, whereby the suit of the plaintiff was dismissed.

(2.) The brief facts of the case are that the respondents/plaintiffs filed a suit for declaration and injunction on the ground that they are co-owners of the suit property. It was averred that the alleged Will dated 10.06.1980 executed by Smt. Leela Devi is a result of fraud etc. and mutation No. 76, dated 26.07.1989 attested on the basis of such Will in favour of the appellant's husband as well as father of Renu Bala, Shri Kishan Chand and predecessor-in-interest of the proforma respondents, namely, Vyas Dev, was wrong illegal, null and void.

(3.) The appellant as well as proforma respondents resisted and contested the suit on various grounds inter alia and it was pleaded that late Smt. Leela Devi had executed an unregistered Will in favour of their predecessor-in-interest, namely, Vyas Dev and Kishan Chand on 10.06.1980 and on the basis of unregistered Will, mutation stood attested in their favour on 26.07.1989 and, therefore, now the appellant as well as proforma respondents are owners in possession of the property in dispute. It was further averred that the suit was not maintainable as it was barred by limitation and other preliminary objections regarding estoppel etc. were also taken.