DAYA DEVI Vs. ANGURI DEVI

JUDGEMENT

(1.) Through this suit the plaintiff has sought the partition of the property bearing No.3851, Gali Churiwalan, Prem Narain Road, Chawri Bazar, Delhi on account of her being one of the legal heirs of the deceased owner Smt.Parwati Devi who was mother of the plaintiff. Defendant No.1 Rajo Devi was another daughter. Defendants 2 to 7 are the legal heirs of Smt. Rajo Devi. Defendant No.8 Bal Kishan who is the son of defendant No.1 was impleaded on the plea raised by defendant No.1 in the written statement that Smt.Parwati Devi had adopted him when he was hardly five years old and had executed a Will bequeathing the suit property in his favour on 31/01/1976.

(2.) However, there is no dispute that Parwati Devi was the absolute owner of'the suit property as defendants themselves have pleaded that Shri Basdev, the husband of Smt.Parwati Devi had executed a will dated 24/06/1949 in her favour. Parwati Devi executed the will in favour of defendant No.1 on 31/01/1976 and got it registered on 4/02/1976. Though the plea set up by defendant No.1 regarding the adoption of defendant No.8 was initially vehemently opposed and resisted by the plaintiff firstly on the ground that no such adoption ever took place and secondly that there was no such law or custom to adopt the child by maternal grand parents and as such the adoption is bad in law yet the fact remains that the plea of adoption was given up by the counsel for defendant no.8 on 7.9.1988 as defendant no.8 relied upon the will dated 31/1/1976 and issue in this regard was also framed. This fact is reflected in the order dated 2.12.1997 also.

(3.) As regards the execution of the will by Parwati Devi the same has also been disputed inasmuch as that Parwati Devi was not in sound and disposing mind during the month of January, 1996 and, therefore, could not have executed any such will. In other words, the will is a false and fabricated document as it is afflicted with highly suspicious circumstances.