SATYEN VAIDYA
Uttam Ram @ Uttam Singh Son Of Sh. Singh Son Of Sh. Lala – Appellant
Versus
Purnu Widow Of Late Sh. Dhanna – Respondent
JUDGMENT :
By way of this second appeal, the appellants have assailed judgment and decree dated 24.04.2008 passed by learned District Judge, Mandi, H.P. in Civil Appeal No. 10 of 2005 whereby the judgment and decree dated 01.12.2005 passed by learned Civil Judge (Sr. Division), Mandi, District Mandi, H.P. in Civil Suit No. 4/2002 has been reversed.
2. The parties hereinafter shall be referred to the same status which they held before the learned trial Court.
3. Saraswati had five sons namely Dhanna, Singh, Dhandev, Bhagat Ram and Khajana and also had six daughters, who were married. Dhanna had pre-deceased his mother. Plaintiffs are the successors of Dhanna. Defendants No. 6 to 9 were the other sons of Saraswati, whereas defendants No. 1 to 5 are the grand-sons of Saraswati.
4. After the death of Saraswati, a dispute arose in respect of her estate. Defendants No. 1 to 5 claimed inheritance to the estate of Saraswati on the strength of registered Will dated 17.3.1997 executed by Saraswati. Plaintiffs raised dispute regarding execution of Will and alleged the same to be a document fabricated by the plaintiffs. It was also alleged that taking advantage of old age, illiteracy, feeble state
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