RAJENDRA SINGH Vs. SUNDER SINGH

JUDGEMENT

(1.) Plaintiff-respondent filed an Original Suit no. 209/2010 against the defendant-appellants for cancellation of sale deed in the court of Civil Judge (J.D.), Roorkee. The defendants contested the suit. On the basis of pleadings of the parties, the following issues were framed:-

(2.) Plaintiff examined himself as PW1 alongwith PW2 Surender Kumar (attesting witness of the will). Two witnesses, namely, DW1 Rajendra Singh and DW2 Ishwar Dayal were examined on behalf of the defendants. Documentary evidence was also filed by the parties.

(3.) After taking into account the oral and documentary evidence led by the parties, learned trial court held that since the will was executed by Dr. Raghunath Singh in favour of the plaintiff and, therefore, defendant no. 2 had no competence to execute the sale deed. The suit was, therefore, decreed with costs. The registration of sale deed dated 15.09.2008, which was registered in Sub Registrar, Roorkee's office was cancelled, vide judgment and decree dated 20.7.2011.