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2008 Supreme(HP) 87

DEV DARSHAN SUD
Chuni Lal – Appellant
Versus
Mohinder Singh – Respondent


JUDGMENT

Dev Darshan Sud, J.

1. This appeal has been preferred by the Plaintiff against the judgment of the learned District Judge, Kangra at Dharamshala, reversing the judgment and decree passed by the learned Senior Sub-Judge in favour of the Appellant-Plaintiff granting a decree for declaration to the effect that he along with proforma Defendants is owners in possession of the land owned and possessed by late Shri Chuhru Ram to the extent as described in the plaint having inherited the same by virtue of a registered Will dated 16.8.1982 Ext. PW-2/A.

2. The appeal preferred to the learned District Judge, by the contesting Respondent Smt. Asso Devi succeeded and the judgment of the learned trial Court was set aside. The Plaintiff is now in appeal.

3. The appeal was admitted on 18.5.1996 on the following substantial question of law:

Whether the District Judge while reversing the well considered decree and judgment of trial Court has misread and mis- appreciated the oral and documentary evidence on record to hold that the Will Ext. DW-2/A in favour of Appellants-Plaintiffs was not valid will being shrouded in suspicious circumstances.

4. The Plaintiff instituted a suit praying for a decre












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