RAM DHAN Vs. PUSHPA DEVI

JUDGEMENT

(1.) THIS appeal is direct against the judgment of the learned Judge, Jammu, dated March 10, 1971 by which he affirmed the judgment City Judge, Jammu, dated 21 -12 -1979

(2.) RAM Dhan who is appellant in this appeal figured as a plaintiff in the title suit in question, and he instituted that suit for a declaration that the will dated 26 -12 -1966 purporting to have been executed by Beli Ram in favour of Pushpa Devi (respondent -defendant) is null and void and that the will even if executed was not a valid one because Beli Ram was not in proper senses and had already executed a prior will in favour of the plaintiff -appellant.

(3.) TO appreciate the points which have been urged in this Court, it will be necessary to state here in brief the case of the respective parties. The case of the plaintiff i. e. the present appellant briefly put was to the effect that Beli Ram was his uncle who was living with him during his lifetime. The deceased was a man of weak health and used to come to the city of Jammu in connection with the land cases. The said Beli Ram died on 17th of Magh 2008 Bikrami and prior to his death he had executed a will in favour of the plaintiff on 11 -3 -1958 and by virtue of this will he had given away all his property to the plaintiff but the defendant is a clever woman and after the death of Beli Ram Presented the so -called will before the Sub Registrar. Jammu, and managed to get it registered on 12 -3 -1968. It was contended firstly that the deceased Beli Ram had never executed any such will in favour of the defendant -respondent and secondly that he was neither in a position mentally or physically to understand the contents of the said will or to execute such a will at all, and that this will has been brought about into existence the defendant to put up a false claim.