KAHAN SINGH Vs. MAST RAM

JUDGEMENT

(1.) This appeal has been directed against judgment, decree dated 20.10.1997 passed by the learned Additional District Judge, Mandi in Civil Appeal No. 108 of 1986/89/97/86 decreeing the suit after reversing judgment, decree dated 31.3.1986 passed by learned Sub Judge 1st Class, Court No.1, Mandi in Civil Suit No. 319/74, 8 of 1981.

(2.) THE facts, in brief, are that Beli Ram had filed suit against Smt. Dhalu alias Lila and Smt. Bantu for declaration that the alleged will dated 31.8.1974 of Birbal in favour of Smt. Dhalu and Smt. Bantu registered on 14.10.1974 is a forged document and not binding on him. He had inherited the properties of Birbal after his death on 8.9.1974 being his legal heir and younger brother. A prayer for permanent prohibitory injunction was also made.

(3.) SMT . Dhalu and Smt. Bantu contested the suit by filing joint written statement in which they took preliminary objections of locus -standi of the plaintiff to file the suit. It has been alleged that the plaintiff is not legal heir of Birbal. The maintainability of the suit was questioned. The objection of proper valuation of the suit for purposes of court fee and jurisdiction was also taken. On merits, it has been denied that plaintiff is the real brother of Birbal. Smt. Dhalu and Smt. Bantu denied that they were engaged as maid servants. They have pleaded that Birbal had executed a Will in their favour on 31.8.1974 which was registered on 14.10.1974. The death of Birbal on 8.9.1974 in Civil Hospital, Kullu has been admitted. It has been stated that Birbal was ill but he was in fit state of mind and he voluntarily executed the Will in favour of Smt. Dhalu and Smt. Bantu. The prayer was made for dismissal of the suit. The plaintiff filed replication and contested the defence put forward by Smt. Dhalu and Smt. Bantu while reiterating his case.