SHAKUNTLA DEVI Vs. AMAR SINGH

JUDGEMENT

(1.) By way of this appeal, appellant has challenged the judgment and decree passed by the Court of learned Civil Judge (Sr. Divn.), Sirmour District at Nahan, HP, in Civil Suit No. 89/1 of 2001, decided on 26.02.2005, vide which, learned Trial Court dismissed the suit filed by the present appellant for declaration and permanent prohibitory injunction, as also the judgment and decree passed by the Court of learned District Judge, Sirmaur District at Nahan, H.P., in Civil Appeal No. 33-CA/13 of 2005, dated 21.04.2006, whereby learned Appellate Court while dismissing the appeal filed by the appellant, upheld the judgment and decree passed by the learned trial Court.

(2.) Brief facts necessary for adjudication of the present appeal are as under:-

(3.) Whereas defendant No. 1 denied the claim of the plaintiff, defendant No. 2 admitted the claim of the plaintiff. Defendant No. 1 while contesting the plaint took the stand that late Duni Chand had executed a valid Will on 06.03.1999 in his favour which was duly registered before the Sub Registrar, Nahan, on the same day. The property stood bequeathed in his favour by way of Will as he was the only son of deceased Duni Chand. Duni Chand was residing with defendant No. 1. Plaintiff as well as proforma defendant No. 2 were also aware of this fact and mutation was also attested in favour of defendant No. 1 on the basis of said Will. According to defendant No. 1, it was only on account of greed that the suit stood filed by the plaintiff.