NARINDER KUMAR Vs. TEJ RAM AND ORS

JUDGEMENT

(1.) Defendant No.1 is the appellant, who aggrieved by the decree of the learned trial court, whereby suit of the plaintiffs was partly decreed, as affirmed by the learned first appellate court, has filed the instant regular second appeal.

(2.) The parties shall be referred to as the "plaintiffs" "defendant" and "proforma defendants".

(3.) Briefly stated the facts leading to filing of the present appeal are that the land comprised in Khata No. 115/110 min, Khatauni Nos. 196, 197/196, 198/197, 199/198, 200/199, 201/200, Khasra Nos. 708, 1988/949, 950, 1758/1063, 1121, 1154, 1158, 1160, 1224, Kita-9 measuring 6-4-4 bighas and 1760/1101, 1314, 1761/1101, 1759/1063, 1081, 1313, Kita-6 measuring 5-8-6 bighas Kita15, measuring 11-13-0 bighas, situated at Mauza Pangna, Tehsil Karsog, District Mandi, HP was recorded in the ownership and possession of Bholla Dutt and proforma defendants No. 2 to 15 as per jamabandi for the year 1995- 96. The land comprised in Khewat No. 330 min/570 min, Khasra No. 707 measuring 10-11-10 bighas, situated at Mohal Pangna was Abadi Deh in which deceased Bholla Dutt, father of the plaintiffs, was owner in possession of the half share. Bholla Dutt died on 1.10.1998 and the plaintiffs laid claim to the suit land on the ground that the same was ancestral, coparcenary and joint Hindu property of the plaintiffs and Bholla Dutt. However, Bholla Dutt prior to his death executed a will No.143 daetd 7.8.1998 of the movable and immovable property in favour of defendant No.1, which was assailed on the ground of it having been executed by undue influence and with mala fide intention to deprive the plaintiffs of their right by way of inheritance. Accordingly, a declaration was sought qua the will being wrong, illegal, null and void and based on the will, mutation No. 808 dated 22.1.1999 was also assailed on the same ground and apart from decree of declaration, relief of possession was also sought.