(1.) By way of this appeal, appellant/plaintiff has challenged the judgment and decree passed by the Court of learned Civil Judge (Sr. Divn.), Baijnath, District Kangra, H.P. in Civil Suit No. 45/05, decided on 21.03.2005, vide which, learned Trial Court dismissed the suit filed by the present appellant/plaintiff for declaration, as also the judgment and decree passed by the Court of learned District Judge, Kangra at Dharamshala, District Kangra (HP), in Civil Appeal No. 59- B/XIII/2005, dated 28.09.2007, whereby learned Appellate Court while dismissing the appeal filed by the present appellant/plaintiff, 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.) The suit of the plaintiff was resisted by the defendant on the ground that Kaulan Devi was looked after and maintained by the defendant and accordingly, she executed her last and valid Will dated 11.01.1993 in his favour. As per him, Kaulan Devi had not executed any other Will in favour of anyone, except the defendant, and thus, he was the only successor of deceased Kaulan Devi. It was the case of the defendant that plaintiff was fully aware about the presentation of the Will dated 11.01.1993 before the Patwari and attestation of mutation in pursuance thereof and mutations have rightly been attested in favour of the defendant. According to the defendant, Will executed by deceased Kaulan Devi in his favour was a result of free will of the testator as she was served upon by the defendant and even her last rites were performed by the defendant.