SMT.MAMTA GUPTA Vs. RAMESH CHANDRA GUPTA

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) In original suit no. 278/2005, (Ramesh Chandra Gupta Vs. Smt. Mamta Gupta) , it was pleaded that the mother of the plaintiff had not executed any will-deed in favour of any person, but defendant Mamta Gupta (wife of brother of plaintiff) had got executed one forged registered will dated 18.01.2000, allegedly executed by Smt. Tulsa Devi in her favour by impersonating any woman in place of Smt. Tulsa Devi. The plaintiff is co-owner of the property mentioned in the alleged will-deed due to his inheritance from mother Tulsa Devi, therefore he has filed a suit for cancellation of aforesaid will-deed dated 18.01.2000.

(3.) In original suit the defendant had filed written statement with averment that plaintiff had filed suit on basis of incorrect facts. Smt. Tulsa Devi had executed will-deed in question in favour of defendant, as such the suit should be dismissed.