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2022 Supreme(HP) 352

JYOTSNA REWAL DUA
Manohar Lal S/o Sh. Narayan Dass – Appellant
Versus
Kaushlya D/o Smt. Himti Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. VINAY MEHTA, ADVOCATE
For the Respondent:MR. AJAY CHANDEL, ADVOCATE

JUDGMENT :

Leeladhar and Manohar Lal, minors at the relevant time, instituted a Civil Suit on 01.11.2007, through their father Narayan Singh (Narayan Dass), claiming property of their paternal uncle Het Ram on the basis of a Will dated 23.11.2005, allegedly executed by him (Het Ram) in their favour. Mutation No.75, concerning the suit property, was entered and attested on 15.03.2007 in favour of Het Ram’s widow–Himti Devi (original defendant No.2) and his daughter Kaushlya Devi (original defendant No.1). Defendant No.2 died during the pendency of the proceedings before the learned trial Court, hence, her name was struck off from the array of parties.

Both the learned Courts below have concurrently held that execution of the Will set up by the plaintiffs was shrouded with suspicious circumstances. The execution of the Will did not appeal to the conscious of the learned Courts in view of the suspicious circumstances explained in their judgments. Hence, the plaintiffs’ civil suit was dismissed by both the learned Courts below. Aggrieved, the plaintiffs have come up by means of present Regular Second Appeal against the impugned judgments and decrees passed by the learned trial Court on 2

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