GEETA DEVI SHARMA Vs. GANPATLAL SHARMA

JUDGEMENT

(1.) The instant appeal is against the judgment and decree dtd. 30/6/2018 passed by the Additional District Judge, Bhatapara, in Civil Suit No.6-A/2013 whereby the suit filed by late Geeta Devi Sharma wife of late Dashrathlal Sharma, now represented through her son Sanjay Sharma, was dismissed.

(2.) The facts of this case are that Smt. Geeta Devi Sharma filed a suit for declaration and injunction that the suit property which is situated at Bhatapara at Sheet No.12-B, plot no.145 admeasuring 794 square meters, wherein a Shiv Manidr was constructed by the father of plaintiff Geeta Devi namely Kundanlal Sharma. The averments are that the said land was obtained by Kundanlal Sharma from Indian Railways and thereafter the property was recorded in the name of Kundanlal Sharma in revenue records. Kundanlal Sharma died on 1/1/1990 and thereafter the name of plaintiff was recorded in revenue records. It is further stated that during the life time of Kundanlal Sharma, he used to manage the affairs of the temple and after his death, as per his wish and will, the entire property situated at Bhatapara devolved on his daughter Geeta and as of now after after death of Geeta, on her son Sanjay by succession. The plaintiff further stated that as per the will, son namely Sanjay along with plaintiff Geeta Devi Sharma took over the management of the said temple and was managing the affairs.

(3.) The plaintiff states that in the year 2004, on the basis of a forged will of Kundan Lal Sharma the then defendants Ram Gopal Sharma (D-1) Ganpat Lal Sharma (D-2), Ramesh Tiwari (D-3) and Bhojraj Purohit (D-4) filed an application for mutation of their names and got their names mutated on the basis of Will dtd. 24/10/1983 in revenue records. The plaintiff having known the fact challenged the same before the Revenue authorities. The plaintiff further stated that the will dtd. 24/10/1983 is suspicious and when the Will was executed, Kundan Lal Sharma was not in a sound state of mind and the Will dtd. 24/10/1983 wherein the propounder Goand Brahmin Mahasabha in whose favour the alleged will was executed was not in existence. It was further stated that the congregation of people did not have any registration in the Trust under the Public Trust Act or no trustees were existing.