NAY NEET KUMAR Vs. KASHMIR LAL NARANG

JUDGEMENT

(1.) Heard Sri V.P. Varshney, learned Counsel appearing for the appellants-applicants.

(2.) This review petition has been presented by the appellants of Second Appeal No. 981 of 1999 against the judgment and order dated 23.8.1999, passed by this Court dismissing the appeal at the admission stage on the ground that there was no substantial question of law arising and requiring to be decided in the appeal.

(3.) The parties had dispute in regard to a plot of land. The plaintiffs claim their title on the basis of a Will executed by the defendant No. 1, who had died during the pendency of the suit. The defendants Nos. 11, 12 and 13 are sons of defendant No. 1. The plaintiffs' grandfather, Sant Lal was co-tenure holder of this disputed land along with his brother Narayan Das, both having equal shares each. Sant Lal executed a Will dated 15.5.1982 in respect of his share in the immovable property in favour of defendant, Maya Devi, who was given life interest in the said property and it is provided that on her death the plaintiffs would become full owner of the property in question. Sant Lal died on 28.7.1982. The name of defendant No. 1 had been mutated in the record on the basis of the aforesaid Will. Some part of the disputed plot had been earlier sold by Sant Lal and his brother over which some construction had been raised by the transferee, the defendant No. 3. The defendant No. 1 Maya Devi had sold the remaining part of the disputed plot to the defendant Nos. 3 to 10 after the death of Sant Lal. It is also the pleading of the plaintiffs that the defendants had colluded with each other and have fabricated a forged Will of Sant Lal. The sale deed executed by Maya Devi, the defendant No. 1 was in fact, void and she had no absolute right in. the plot.