TULSI RAM Vs. BIRENDER SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal has been directed against the judgment and decree dated 18.11.1998 passed by the learned District Judge, Sirmaur District at Nahan in Civil Appeal No. 47 - CA/13 of 1997.

(2.) BRIEF facts necessary for the adjudication of this Regular Second Appeal are that the respondent - plaintiff (hereinafter referred to as 'the plaintiff ' for convenience sake) filed a suit for recovery of possession of land on the averment that the maternal grand -father (his Nana) late Sh. Munnu Ram was owner in possession of the land detailed in Khata Whether the reporters of Local Papers may be allowed to see the judgment? Yes. Khatauni No. 10 min/29, 35, 43, 50 and 12/57, Khasra Nos. 257/209 measuring 1 -8 bighas, Khasra No. 258/209 measuring 1 -8 bighas, Khasra No. 256/209 measuring 0 -10 bighas, Khasra No. 261/209 measuring 1 -6 bighas, Khasra No. 140 measuring 0 -2 bighas and Khasra No. 260/209 measuring 6 -14 bighas respectively situated in village Dhown, Tehsil and District Nahan. Sh. Munnu died in civil hospital at Nahan on 20.3.1982 leaving behind Smt. Kanta Devi and proforma defendants No. 2 and 3, namely Smt. Budho Devi and Smt. Mahanti Devi. On 27.2.1985, Smt. Kanta Devi, mother of the plaintiff, also died. The appellant -defendant (hereinafter referred to as 'the defendant ' for convenience sake) set up a forged and fraudulent will of late Sh. Munnu and submitted the same before the Revenue Officer for attestation of mutation of the suit property. The mother of the plaintiff contested the validity and genuineness of the will before the Assistant Collector 2nd Grade, Nahan. He attested the mutation on 27.4.1989. Thereafter defendant illegally encroached upon the suit property in the month of February, 1985. According to the plaintiff, the will dated 17.2.1982 purported to have been executed by Sh. Munnu Ram was forged and fraudulent document. The suit was contested by the defendant. According to him, the will was executed by deceased Munnu Ram with his own free will. The trial court decreed the suit on 28.7.1997. The defendant preferred an appeal before the learned District Judge, Sirmaur District at Nahan. The learned District Judge dismissed the appeal on 18.11.1998. This Regular Second Appeal has been directed against the judgment and decree dated 18.11.1998. The same was admitted on the following substantial question of law:

(3.) MR . Sanjeev Kuthiala, Advocate has supported the judgments and decrees passed by both the learned courts below.