HEMKUNWAR BAI Vs. SUMER SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment of the High Court whereby it reversed the judgment and decree of the Trial Court decreeing the suit of the plaintiff - appellant before us. Devisingh was the original owner of the suit property. On the death of Devisingh in the year 1961, the property was mutated in favour of his widow Ratankuwarbai in terms of the Madhya Pradesh Land Revenue Code.

(2.) On 06.04.1995, Ratankuwarbai executed two sale-deeds [Exhibit D-1 and D-2] in favour of her nephews - Manohar Singh and Sumer Singh. On the same day, as far as his entire remaining property which was not the subject matter of the two sale deeds, she executed a Will in favour of Inder Singh. It would be pertinent to mention that Manohar Singh, Sumer Singh and Inder Singh are real brothers being the sons of sister of Devisingh.

(3.) It is an admitted fact that Ratankuwarbai was suffering from throat cancer and had undergone some treatment and a document dated 17.04.1995 has been placed on record. Unfortunately, Ratankuwarbai expired on 21.07.1995. Soon thereafter, on 18.09.1995 Hemkuwarbai filed a civil suit for declaration that the two sale-deeds and the Will are sham and fraudulent documents and not binding upon her.