KRISHNA RAJPUT Vs. TH RAJINDER SINGH

JUDGEMENT

(1.) THIS is a suit for declaration to the effect that the will dated 19th May, 1964 allegedly executed by Shrimati Raj Kumari in favour of the parties is the last will executed by the deceased and that the will dated 22 -12 -1964 allegedly executed by the deceased is null, void, and ineffective & is not binding upon the plaintiffs. In the alternative the plaintiffs pray for a declaration to the effect that the land at Kachi Chawni Jammu in which the built property of the parties regarding which will dated 22 -12 -1964 is executed is not comprised in the will and as such the parties are equally entitled to share the same. The suit is also for rendition of accounts.

(2.) RAJ Kumari, the deceased was the widow of Chater Singh. Chater Singh died during the life time of Raj Kumari. Shrimati Chander Prabha, defendant No: 2 was their sole child. Chander Prabha was married to Sarwan Singh who also passed away. From her marriage with Sarwan Singh, four daughters and one son were born, and they are: Rajinder Singh, son, defendant No: 1 Krishna Rajput, daughter plaintiff No: 1, Sharmishta Rajput daughter plaintiff No: 2, Chandrika Phola, daughter plaintiff No: 3 and Rooma R. Sani, daughter plaintiff No: 4 By her will dated 22 -12 -1962 Raj Kumari deceased willed away major portion of her property in favour of Rajinder Singh and also gave some of her property to her daughter, defendant No: 2, and some property to her grand -daughters, the plaintiffs. Before the execution of the will dt. 22 -12 -1964 it is alleged that the deceased Raj kumari had made a will on 19 -5 -1964 whereby major portion of the property had been willed away in favour of the plaintiffs and some portion of the property had been given to defendant No: 1. It is also alleged that before the execution of the will dt. 19 -5 -1964 Raj kumari had made yet another will in 1961 which was cancelled by her vide will dated 19th May 1964 and the latter will was also cancelled by her vide her third will dated 22 -12 -1964.

(3.) THE plaintiffs case was that the will dated 19 -5 -1964 was the last will of Raj Kumari and that the will allegedly executed by her on 22 -12 -1964 was null and void inasmuch as that the testatrix was a woman of very old age and was of unsound mind and therefore, in the weak state of her health was not capable to understanding the implications of the will dated 22 -12 -1964. The socalled will according to the plaintiffs was kept a secret till last and in the will no reasons have been given for change of mind on the part of the testatrix in so far as she is alleged to have cancelled the earlier will dated 19th May 1964. It has been further alleged that neither any occasions have been given in the will nor any circumstance existed which could have made the testatrix to change her previous will, and to deprive the plaintiffs from the valuable piece of property which had been willed away to them by means of her earlier will dated 19 -5 -1964. It has been on these grounds claimed that the will dated 22 -12 -1964 was not executed by the testatrix and the same was therefore, ineffective so far as the plaintiffs were concerned. It is admitted that the property belonging to Raj kumari consisted of a house and some land appurtenant thereto. The plaintiffs case was that even if it is assumed that the will dated 22 -12 -1964 was executed validly a mere reading of the said will would show that it pertains only to the built up property i.e. house etc. and does not pertain or bring into its ambit the vacant piece of land in and around the said built portion. It was therefore, prayed that the land appurtenant to the house was not the subject matter of the will dated 22 -12 -1964 and therefore, would be divided and shared by all the parties concerned in accordance with the law of inheritance followed by the parties.