JUDGEMENT
Shekher Dhawan, J. -
(1.)Present regular second appeal, filed by defendants No. 1 -Raja Ram and legal representatives of defendant No. 2 -Bhoop Singh, against the concurrent findings of facts having been recorded by both the Courts below.
(2.)For the sake of convenience, parties are being referred to as per their status before the Court of first instance.
(3.)Relevant facts of the case that plaintiff -Smt. Sunder had filed a suit for declaration that she and proforma defendants No. 5 to 7 are the owners in equal share of 1/2 share of the suit land; Will dated 4.4.1969 is null and void and that does not affect the rights of the plaintiff and proforma defendants and mutation No. 662 dated 11.8.1970, sanctioned on the basis of impugned Will is also null and void. As per plaintiff, Smt. Dhappan widow of Ram Karan, mother of plaintiff and proforma defendants, was the owner of the suit land after the death of Ram Karan. Smt. Dhappan died on 28.3.1970 leaving behind the suit land. The suit land was to go to plaintiff and proforma defendants being the real daughters of Smt. Dhappan as her two sons died unmarried and there was no legal heir of deceased Smt. Dhappan except them. However, defendant No. 3 Sohan Lal son of Ladhu is a very clever person and he, in connivance with the revenue authorities, got mutation No. 622 dated 11.8.1970 sanctioned in favour of his two sons, namely Raja Ram and Bhup Singh. As per plaintiff, mutation No. 685 dated 25.4.1971 and mutation No. 726 dated 4.5.1972 are also illegal and void and the same be set aside.
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