HIRA SINGH Vs. NARINDER KUMAR AND OTHERS

JUDGEMENT

(1.) Appellant is one of the plaintiffs, who after having lost before both the learned Courts, has filed the instant appeal. The parties shall be referred to as the plaintiff and the defendant.

(2.) The suit was filed by the present appellant along with his brothers, who have been arrayed as proforma respondents in this case, for declaration and permanent prohibitory injunction on the allegations that one Shri Mushu was the owner of the land bearing Khata No.79min, Khatauni No. 293, Khasra Nos. 515, 516, 531, 532, 533, 536, 538 and 539, kitas-8, measuring 00 19 hectares, situated at Bhagwati Nagar, Patwar Circle, Badhai, Tehsil Shimla, Gramin, District Shimla, H.P. (hereinafter referred to as the suit land). The aforesaid Mushu was having one son Shri Shivia, who is father of plaintiff No.1 and grandfather of plaintiffs No.2 to 4. Shri Shivia had two sons namely Bala Ram and Chandu Ram. Shri Bala Ram was having his wife namely Smt. Prabhu Devi. They were issue-less and after the death of Shri Bala Ram, his property was devolved upon Smt. Prabhu Devi. In the said property, there were three houses with two single rooms in one side and two single rooms with kitchen on the other side. Plaintiff No.1 is son of Shri Shivia and brother of Shri Bala Ram and Shri Chandu Ram. Shri Jeet Ram was son of Shri Shivia and Smt. Shanti and Smt. Suni were daughters of Shri Shivia. After the death of Shri Shivia, the property devolved upon Shri Bala Ram and Shri Chandu Ram. After the death of Bala Ram, Smt. Prabhu Devi had inherited the suit property, whereas, plaintiffs No.2 to 4 have inherited the property of Shri Chandu Ram. Thus, after the death of Shri Mushu, his property was inherited by his legal heirs. The property is stated to be ancestral property and required to be further devolved upon his legal heirs and no other has any right, title and interest in the same. The plaintiffs have relied upon the pedigree table as mentioned in para-4 of the plaint, which is reproduced as under

(3.) After relying upon the pedigree table, it was averred that after the death of Shri Bala Ram, the property of his share was inherited by Smt. Prabhu and similarly the property of Shri Chandu Ram was inherited by plaintiffs No.2 to 4 and Smt. Sevti Devi wd/o Shri Chandu Ram. Smt. Prabhu had expired on 27.05.2017. Since, Smt. Prabhu had died issue-less, therefore, the suit property is liable to be reverted back to the natural legal heirs as per the Hindu Succession Act and as per the pedigree table. It was further averred that after the death of Smt. Prabhu Devi, the suit property is liable to be mutated in the names of the plaintiffs as per the schedule of Hindu Succession Act, but the defendant, who is the family member and related to Smt. Prabhu Devi being his nephew, got registered and executed fresh Will dated 11.12.2013 by manipulating the same in his favour and the same was also got registered in the Office of Sub Registrar, Shimla Gramin, on 11.12.2013. According to the plaintiffs, in the aforesaid Will, reference of previous Will as executed in favour of Shri Kewal Ram, s/o Shri Khushi Ram has also been given and by virtue of Will dated 11.12.2013, the property has been shown to have been given to the defendant. It was also averred that defendant is the natural legal heir of the family of the plaintiffs and he has manipulated and fabricated the execution and registration of the Will in his favour in order to grab the suit property. According to the plaintiffs, the defendant, in connivance with the witnesses, got manipulated the Will dated 11.12.2013 and moreover at the time of alleged execution of the Will, Smt. Prabhu Devi was more than 74 years of age and was keeping sound disposing state of mind. She was aware about the consequences of the registration and execution of the Will due to her old age. It was further averred that the defendant in connivance with the witnesses of the Will has played fraud upon Smt. Prabhu Devi. The natural legal heirs were diverted from the natural succession. According to the plaintiffs, the Sub-Registrar was required to hold proper inquiry in the matter as the natural successors were being deprived of from the ancestral property. The Will is also stated to be a result of fraud, undue influence exercised upon Smt. Prabhu Devi. As per the plaintiffs, the defendant has no right, title or interest in the suit property on the basis of the Will dated 11.12.2013. Moreover, the suit property is joint and the same has been partitioned and till the partition, the question of title as raised on behalf of the defendant regarding the inheritance of the property of Prabhu Devi is to be decided.