BAL KRISHAN AND OTHERS Vs. STATE AND OTHERS

JUDGEMENT

(1.) This Regular Second Appeal under Sec. 100 of the Code of Civil Procedure has been preferred against the concurrent findings of fact recorded by the learned Courts below whereby the suit of the appellant/plaintiff (hereinafter referred to as the 'plaintiff') came to be dismissed.

(2.) The facts, in brief, necessitating the filing of the instant appeal are that the plaintiff filed a suit against the respondents/ defendants (hereinafter referred to as the 'defendants') for declaration to the effect that the Will dated 02.02.1996 executed by Ram Nath in favour of the defendants was illegal, bogus, fictitious and forged one and was liable to be set-aside. He further sought declaration to the effect that mutation No. 6408 dated 23.02.2009 which was attested on the basis of the Will was liable to be declared as illegal and wrong and not binding upon the plaintiff.

(3.) The suit was contested by the defendants, who in their written statement raised preliminary objections of estoppel, maintainability, valuation, cause of action and on merits, they claimed their right on the basis of the Will executed by Ram Nath in their favour, who according to them, had executed the Will out of his free volition and in a sound disposing mind and thus prayed for dismissal of the suit.