VIRENDER SINGH Vs. SHYAM DEVI

JUDGEMENT

(1.) This second appeal has impugned the judgment and decree dated 3.3.2010 which had endorsed the finding of the trial judge dated 11.8.2009 decreeing the suit of the plaintiff.

(2.) The plaintiff had filed a suit for possession of property bearing no.102-A, Mohalla Kesari, Circular Road, Shahdara, Delhi 110032 (hereinafter referred to as ,,the suit property). She claimed herself to be the owner of the suit property by virtue of a will dated 3.9.1986 executed by her deceased husband Raghuvansh Lal. It was on the basis of this will that she had claimed ownership to the suit property. Consequently, the present suit was filed.

(3.) The trial judge had framed five issues. Issue no.1 was the crucial issue which inter alia reads as follows: