BALKI, D/O LATE BUDHU Vs. BALRAM,

JUDGEMENT

(1.) This second appeal preferred by defendant No. 1 was admitted on the following substantial questions of law: -

(2.) The suit property bearing Khasra Nos. 28/2, 199 and 67/4, total area 3.60 acres, was originally held by Guddu Nagesiya. He died leaving behind his wife Faudi Bai who inherited the suit property and thereafter, she executed a Will dated 22-3-1996 (Ex. P-4) in favour of the plaintiff who got his name mutated in the revenue records by the order of the Tahsildar which was set aside by the Sub-Divisional Officer (Revenue) at the instance of defendant No. 1 necessitating the institution of civil suit for declaration of title and for confirmation of possession and in alternative, possession and permanent injunction in which defendant No. 1 setup the plea that he is adopted son of Guddu Nagesiya and thereby, he has succeeded the property and his adopted mother Faudi Bai never executed Will in favour of the plaintiff and she was not of sound and disposing mind at the time of alleged execution of Will Ex. P-4 and the alleged Will is surrounded with suspicious circumstances and therefore the Will is false and fabricated and the suit deserves to be dismissed.

(3.) The trial Court upon appreciation of oral and documentary evidence on record, held that the plaintiff has succeeded in proving the execution and attestation of Will in accordance with law and defendant No. 1 is even not the adopted son of Guddu Nagesiya and the plaintiff is in possession of the suit land and accordingly, dismissed the suit which the first appellate Court also did not interfere in the first appeal preferred by defendant No. 1 leading to filing of second appeal under Section 100 of the CPC in which two substantial questions of law have been framed which have been set-out in the opening paragraph of this judgment.