REENA YADAV AND ORS. Vs. SATISH KUMAR YADAV

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 06.05.2009 which ha s endorsed the finding of the trial Judge dated 15.09.2004 whereby the suit filed by the Plaintiff Reena Yadav seeking a decree of declaration (to the effect that Will dated 10.02.1992 executed by late Sh. Raghunath Singh Yadav is a forged and fabricated document and as a consequence the consequential relief that no benefit be taken by Defendant No. 1 qua the said Will) had been dismissed.

(2.) THE Plaintiff is the daughter of deceased Raghunath Singh Yadav whose Will dated 10.02.1992 is under question. The Defendant Satish Kumar Yadav is her brother; he had allegedly forged the Will dated 10.02.1992 in his favour on the basis of which he had got a piece of land in Village Nangal, District Rewari mutated in his favour; another plot of land at Sri Nagar, Shakur Basti had also been mutated in his favour on the basis of the said forged Will; this fact came to the light only on 06.03.2001 whereupon the aforenoted suit was filed with the aforenoted prayer.

(3.) THIS is a second appeal. It has been admitted and on 21.03.2011, the following substantial question of law was formulated: