VIJAY DEVI Vs. NAVENDRA SINGH KATOCH

JUDGEMENT

(1.) THE present appeal and cross objections are directed against the judgement and decree dated 4.10.2002 delivered by a learned Single Judge of this Court in Civil Suit No. 14 of 1996 titled Navendra Singh Katoch v. Vijay Devi and Anr..

(2.) MAHARAJA Ranvijay Singh S/o late Bir Bikram Singh was the original owner of the property in dispute. He expired on 4.7.1955 leaving behind a widow Smt. Kalindi Devi and two daughters Smt. Maya Devi (defendant No. 2) and Smt. Swaroop Kumari. The plaintiff Navendra Singh is the son of defendant No. 2. Smt. Kalindi Devi died on 21.2.1973 while her daughter Smt. Swaroop Kumari died issueless on 25.2.1990. The plaintiff filed the suit in the High Court claiming that Maharaja Ranvijay Singh had executed a Will dated 21.2.1949. As per this Will he had given certain rights in his estate to his widow, which rights were to devolve upon his two daughters, Smt. Maya Devi and Smt. Swaroop Kumari, after the death of his widow. According to the plaintiff, after the death of the two daughters the entire estate was to devolve on the eldest male child of such daughters and since the plaintiff is the only male child in the family the entire estate has devolved upon him. Smt. Swaroop Kumari died issueless on 25.2.1990 at the age of about 70 years. According to the plaintiff, defendant No. 1 Vijay Kumari taking advantage of the old age and ill health of the deceased Smt. Swaroop Kumari, manipulated and procured a Will in her favour in the month of May, 1988. The plaintiff came to know about the Will only when the defendant No. 1 approached the Tehsildar, Nahan, for attestation of the mutation of inheritance qua the estate of deceased Smt. Swaroop Kumari in her favour on the basis of the said Will. This mutation was sanctioned in favour of defendant No. 1. Appeal preferred by the plaintiff against the said order was dismissed on the ground that complicated questions of facts and law were involved which could be decided only by a competent Civil Court. The plaintiff challenged the validity of the Will and also alleged that Smt. Swaroop Kumari did not have any right to execute the Will in view of the fact that she only had a limited estate as per the Will of late Maharaja Ranvijay Singh.

(3.) ON the pleadings of the parties, the following issues were framed: