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PUNJAB & HARYANA HIGH COURT
Tek Chand and K.L.Gosain JJ.
Kamla Devi W/o.Banarsi Dass
Versus
Kishori Lal Labhu Ram
First Appeal No. 346 of 1960,
Decided On : NOVEMBER 13, 1961
WILL - GENUINENESS AND DUE EXECUTION - UNDUE INFLUENCE - TESTATORIAL CAPACITY - CONSTRUCTION OF WILL - MAINTENANCE OF DEPENDANTS.
Fact of the Case:
The plaintiffs, Kamla Devi and her two minor daughters, filed a suit for possession of the properties left by their deceased husband and father, Banarsi Dass. The defendants, Labhu Ram, Kishori Lal, Mehma Devi, and Champa Devi, contested the suit, claiming that Banarsi Dass had executed a will in their favor, disinheriting the plaintiffs. The trial court dismissed the suit, holding that the will was genuine and valid.
Finding of the Court:
The High Court held that the subsequent will, Exhibit D. 2, was not genuine and was executed under undue influence. However, the prior will, Exhibit D. 1, was found to be genuine and valid. The court also held that the testator's widow, Kamla Devi, was entitled to maintenance from the legatees under the will.
Issues: 1. Whether the subsequent will, Exhibit D. 2, was genuine and valid. 2. Whether the prior will, Exhibit D. 1, was genuine and valid. 3. Whether the testator's widow, Kamla Devi, was entitled to maintenance from the legatees under the will.
Ratio Decidendi: 1. The court held that the subsequent will, Exhibit D. 2, was not genuine and was executed under undue influence based on the following factors: - The will was unnatural and unreasonable, as it disinherited the testator's two minor daughters and left the bulk of the property to remote relations. - The testator was in a weakened mental and physical condition at the time the will was executed. - The beneficiaries under the will were the ones who surrounded the testator and had the opportunity to influence him. 2. The court held that the prior will, Exhibit D. 1, was genuine and valid based on the following factors: - The will was natural and reasonable, as it benefited the testator's four daughters. - The testator was in a sound mental and physical condition at the time the will was executed. - The will was properly attested and registered. 3. The court held that the testator's widow, Kamla Devi, was entitled to maintenance from the legatees under the will, as a Hindu cannot by will so dispose of his property as to defeat the legal right of his wife or of any other person entitled to maintenance.
Final Decision: The court decreed possession of the properties bequeathed to the plaintiffs under the prior will, Exhibit D. 1, and dismissed the suit of the first plaintiff, Kamla Devi. The court also directed that the court-fee in both courts be payable by the defendants and that the parties bear their own costs of both the courts.
Tek Chand, J.
1. This is a regular first appeal filed by the plaintiffs from the decree and judgment of the Senior Sub-Judge. Ferozepore, dismissing their suit with costs. Plaintiff No. 1 was ordered to pay count-fees of Rs. 1953.60 as the suit had been brought in forma pauperis. The following pedigree-table will indicate the relationship of the parties with Banarsi Dass deceased.
196_MK..hw.htm
2. Jamna Devi died during the life-time of Banarsi Dass and she had borne to him two daughters Mehma Devi and Kesra Devi, both of whom are married. On the death of Jamna Devi, Banarsi married Kamala Devi, plaintiff No. 1, who bore to him two daughters, Kamlesh and Pup, who are minors. Labhu Ram was the brothers of Banarsi Dass and he had been impleaded as defendant No. 1 and his son Kishori Lal as defendant No. 2. During the pendency of the suit, Labhu Ram died and is represented by Kishori Lal his so, who has been a defendant from the beginning. Champa Devi is Labhu Rams daughter who is married. The three plaintiffs that is, Kamla Devi and her two minor daughters, were allowed to sue as paupers. The petition to sue in forma pauperis was made on 30th December, 1957, but, as amended, it was filed on 30th December, 1957, but, as amended, it was filed on 8th January, 1960. Originally, Champa Devi had not been impleaded as a defendant, but she was included as defendant No. 4 at the time of the filing of the amended petition of plaint. She is the wife of Tek Chand of Zira.
3. Banarsi Dass owned three shops in Zira and four houses. He also owned agricultural land measuring 65 kanals in the area of Tavandi Jale Khan and 92 kanals 9 marlas in the area of Karhewala, Tehsil Zira, district Ferozepore. It is alleged in the plaint that Kamala Devi the first plaintiff, was married to Banarsi Das 16-17 years ago and as a result of the marriage they had two daughters who were aged 13 years and 11 years, their respective dates of birth being 21st may, 1945 and 12th November 1947. Besides the immovable property, Banarsi Dass left ornaments of gola utensils and other household effects. Banarsi Das has been ill for a year and-a half before his death. According to the plaint, his wife Kamala Devi had been getting him medically treated as Amritsar and at other places, but as Banarsi Dass was an doctors at Amritsar held out no hope for his recovery and in the month of March, 1954 his wife brought him to Patiala. There too the doctors were not willing to admit him in view of his critical condition, but they were ultimately prevailed upon to do so, but he showed no signs of recovery. According to the plaint, he died in the hospital on 22nd April 1954, though the doctors continued to give him injections and made every kind of effort to revive him. He was declared to be dead on 23rd April, 1954. He was suffering from uremia. He had been operated upon earlier in April 1954. The plaintiffs alleged that on the death of Banarsi Dass, the defendants took illegal possession of all movable and immovable property though the plaintiff alone had title to it. The plaintiff prayed for a decree for possession of the houses, shops and lands.
4. In the written statements filed by the defendants the relationship of Kamla Devi widow of Banarsi Dass and of plaintiffs Nos. 2 and 3 as his minor daughters was not denied. It was pleaded that before his death Banarsi Dass had executed a will in respect of his property on 27th March, 1954 which was registered by the Sub-Registrar on 31st March 1954 on the application of Banarsi Dass dated 29th March, 1954. By this will Exhibit D. 1, plaintiff No. 1 was disinherited on the ground that she was not leading a moral life. Under that will, the two minor daughters, Kamlesh and Pup, were left in equal shares one house in the agricultural land. He bequeathed to his daughter Mst. Mehma, wife of Jagminder Lal, one double-storeyed house and one-third share in the agricultural land. To his other daughter Kesra Devi wife of Sita Ram, he gave
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