The registered Will dated 21.04.1976 executed by Munshi in favor of Ram Dia is valid, and Gorkha's rights over the property were upheld despite claims of renunciation.

JUDGMENT

Vinod S. Bhardwaj, J.

Involving dispute with respect to the same property and amongst the same parties, claiming through common predecessor in interest, these five Regular Second Appeals are being decided together vide a common judgment.

2. The facts of the respective RSAs and the suits from which they originate would be elaborated in the subsequent paragraphs, however, for understanding the entire controversy, it is essential to notice the pedigree table, as is proved from Ex.PX in civil suit No.438 of 1982 wherefrom RSA No.2227 of 1990 arises.

3. The civil suits pertain to the succession to the estate of Gorkha and Munshi sons of Tokha. In the said background, the factual dispute of each set of cases is being referred to here-in-after-below:-

RSA No.2227 of 1990

Ram Dia(died) through his LR Prithi

Versus

Har Narain through his LRs and another

4. Plaintiff-appellant Ram Dia is in Regular Second Appeal against the judgment and decree of dismissal passed by the Additional Senior Sub Judge, Panipat in civil suit No.438 of 1982 dated 28.04.1988 as well as the subsequent dismissal of the civil appeal No.29 of 1988 by the court of Additional District Judge, Karnal vide judgment and decree dated 07.11.1990.

5. The above civil suit had been filed by Ram Dia son of Bhalu for declaration to the effect that the consent decree in suit No.296/1980 is null & void and is not binding on him and that he is owner in possession of the suit land. It had been averred in the plaint that Gorkha and Munshi sons of Tokha were brothers. Munshi had died while Gorkha had renounced the worldly affairs and took Sanyas 50 years prior to institution of the above civil suit in August 1982 and that Gorkha had been living in Dera Bij Das Nam Datt Khera Variman Samadhmanhait Motigir Darah Kalan near Birla Mandir, Kurukshetra and was known by the name of 'Sindhyagir Chella Siri Jeet Puri'. Plaintiff- appellant Ram Dia claimed to be nephew of Gorkha and Munshi and to have become owner in possession of the suit property after the death of Munshi on 04.06.1978, on the basis of registered Will dated 21.04.1976 executed by Munshi in his favour. It was further claimed that since Gorkha had already renounced the world and worldly affairs, hence, Munshi had become owner of the entire estate and that the same was accordingly rightly mutated in favour of the plaintiff on the basis of the registered Will dated 21.04.1976. He also got the suit land redeemed by making payment of more than Rs. 7500/-, however, the name of Gorkha continued to appear in the revenue record showing him owner in joint possession to the extent of half share which is contrary to the existing facts. It was averred that one Har Narain son of Lachhmi Narain Mukhija had instituted a civil suit No.296 of 1980 for seeking specific performance of an agreement dated 09.12.1978 to execute the lease deed for a period of 70 years against Gorkha(respondent-defendant No.2 herein) and was allegedly compromised on 02.06.1980 leading to passing of the consent decree, which is a subject matter of challenge in the instant civil suit. It was further averred that one Ved Parkash(defendant-respondent No.3) intended to purchase the suit land standing in the name of Gorkha, on the basis of an agreement dated 12.07.1979, whereas Gorkha was not competent to enter into any agreement having already renounced the world. To overcome the law of pre-emption, Ved Parkash, in collusion with Har Narain, chose to devise a way out and by execution of a fraudulent lease-deed obtained the decree dated 02.06.1980 in civil suit No.296/1980 to defeat the rights of the plaintiff. The said decree was thus sought to be annulled, being void-ab-initio, inoperative and not binding on the rights of the appellant-plaintiff Ram Dia. It was further pleaded that after the passing of compromise decree dated 02.06.1980, Ved Parkash (respondent-defendant No.2 herein) got executed two sale-deeds on 02.06.1981 and 09.07.1981 in his favour which were pr