BERU RAM Vs. SHANKAR DASS

JUDGEMENT

(1.) JUDGMENT :- This second appeal is directed against the judgment and decree passed by 2nd Additional District Judge, Jammu dated 12-9-85 in File No. 9/Appeal, whereby judgment and decree passed by the Court of Sub-Judge, Samba in File No. 41/Civil, dated 6-12-83, has been upheld.

(2.) Facts relevant for deciding this appeal may be noted in brief.Plaintiffs as well as respondents-1 to 3 are the sons of Bhullu Ram and defendants 4 to 11 are his grandsons. Will Exhibit-"PA" dated 9-10-70 registered in the office of Sub-Registrar, Samba on 25-3-71, is the subject-matter of the suit that was filed by the plaintiffs. As per plaintiffs' case, the land in suit was ancestral property held by the deceased and the Will in question according to them, was inoperative and void thus being nullity did not affect their rights and relief of partition as well as of prohibitory injunction and of possession was also claimed in the suit.

(3.) Further case of the plaintiffs was that deceased Bhullu Ram became owner of the property in question when its ownership was granted to him in accordance with the provisions of the Jammu and Kashmir Big Landed Estates Abolition Act, 2007 (1950 A.D.). Since this was not self-acquired property of the deceased, as such he had no right to alienate and or "Will" away the same, since parties to the case had legal right, share in the ancestral house was also claimed by the plaintiffs. Deceased-Bhullu Ram being not in a position to execute the Will, as he was an old ailing person, meaning thereby that he was not in a fit stage of mind to have executed the Will in question, and lastly it was pleaded that the Will was executed by Bhullu Ram under undue pressure of defendants 1 to 3, who were trying to get the land mutated in their favour in connivance with the revenue staff and thus were trying to forcibly occupy the suit land by disturbing the possession of the plaintiffs.