WAHAB KUMAR Vs. FATEH KUMAR

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree of the District Judge, Baramulla D/-19-9-1980 whereby he has affirmed the judgment and decree passed by Sub-Judge, Baramulla D/-30-9-1975. Both the courts below have dismissed the suit filed by the plaintiffs-appellants.

(2.) The facts giving rise to this appeal briefly stated are : One Subhan Kumar had died issueless on 23-9-1971 and a will purported to have been written by him in favour of the respondents was questioned as being forged and ineffective. The will was declared forged and inoperative as it was executed after the death of Subhan Kumar. This was found by the courts below as a matter of fact and in this regard a concurrent finding was recorded by the courts below. Therefore under the will which was declared void, the defendants could not get the property of Subhan Kumar who was their reversioner. The defendants, in the alternative had claimed the property of Subhan Kumar as nearest agnates and had also claimed that plaintiffs being remoter in degree will be excluded from Inheritance. Both the court below have found that appellants were remoter in degree and respondents nearer in degree to the deceased Subhan Kumar and on this count appellants' suit for declaration was dismissed.

(3.) After having failed before the courts below, the appellants have come to this court.