SULOCHANA DEVI @ MUNNI DEVI Vs. VIRENDRA SINGH PUNDIR

JUDGEMENT

(1.) This is the defendants' second appeal, wherein, the defendants (appellants herein the second appeal) have put in challenge to the judgment and decree dated 10.06.2014, as rendered by the learned District and Sessions Judge, Tehri Garhwal in Civil Appeal No. 17 of 2011 'Smt. Sulochana Devi and Another vs. Sri Virendra Singh Pundir'. And as a consequence of the Appellate Court's judgment, the judgment and decree dated 22.07.2011, as rendered by the Civil Judge (S.D.), Tehri Garhwal in Civil Suit No. 15 of 2009 'Virendra Singh Pundir vs. Smt. Sulochana Devi and Another', whereby, the Suit filed by the plaintiff/respondent, which has been decreed has been affirmed by the First Appellate Court with the dismissal of appeal of the defendant/appellant. Thereby the decree of cancellation of the Will dated 11.06.2004 has been affirmed, concurrently by both the courts below.

(2.) The brief facts, which lead to the present controversy are that as per the plaint averments, which have been made by the plaintiff/respondent before the learned Trial Court in the Suit as instituted by him on 18.05.2009, it was to the effect that the property in question, which was the subject matter of a Suit, in fact was a property, which belonged to the predecessor of the plaintiff, i.e. his father Late Randeep Singh, who is said to have executed a registered Will dated 11.06.2004 in favour of defendants/appellants, who are real sister of plaintiff/respondent, which was got registered before the Sub-Registrar, Tehri Garhwal, and consequent to the execution of the said Will, which was a registered document the right with regards to the estates of the deceased father was shown to be vested with the defendants/appellants by virtue of the aforesaid Will.

(3.) The plaintiff/respondent herein had filed a Suit No. 15 of 2009 'Virendra Singh Pundir vs. Smt. Sulochana Devi and Another' under Section 34 of the Specific Performance Act, before the Court of Civil Judge (J.D.), Tehri Garhwal, on 18.05.2009, wherein, he has sought a decree in the nature of cancellation of the registered Will dated 11.06.2004 said to have been executed by the Late father of the defendants/appellants in their favour on 11.06.2004, by getting it registered before the Sub-Registrar, Tehri Garhwal. The said Suit was contested by the defendants (appellants herein) on the ground that the Will executed in their favour since being a registered document, it was a valid document, and it was validly conferring a title and right in their favour, coupled with the fact that as far as the plaintiff/respondent is concerned, since the plaintiff/respondent was adopted by his uncle, he would not be succeeding any rights from the Late father of the defendants/appellants in relation to any of his assets.