KAMLESH BABU Vs. LAJPAT RAI SHARMA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal involves a dispute between the parties who are related to each other, having a common ancestor. The dispute involves a registered Will dated 5th August, 1972, executed in favour of the appellants by one Brijlal (deceased, who had four sons. Except for his youngest son, Onkar Prasad, all the other sons were allegedly separated from him and were staying separately. Brijlal was staying with Onkar Prasad and excluding the descendants of his other children executed the said Will dated 5th August, 1972, in favour of his grand-children through Onkar Prasad. Brijlal died on 5th November, 1976, and on the basis of the Will executed by him, the appellants moved an application for mutation of the bequeathed properties in their names. The respondent No. 1, who is one of the grand-sons of the testator through another son, Shanti Swarup, also filed an application for mutation, which was rejected. An appeal preferred therefrom was also dismissed. On 29th April, 1977, the Tehsildar passed an order for mutation of the properties in the name of the appellants on the basis of the aforesaid Will dated 5th August, 1972.

(3.) On 2nd January, 1978, the respondent No. 1 herein filed a suit for declaration that the registered Will dated 5th August, 1972, had been procured by practising fraud. The suit was duly contested by the appellants herein by filing written statement. On the basis of the pleadings, in order to arrive at a decision in the suit, the following issues were framed :