SAGUNA SHARMA Vs. CHATERSEN GUPTA AND 30 OTHERS

JUDGEMENT

(1.) Heard Sri B.B. Paul, learned Senior Advocate assisted by Sri A.P. Paul, learned counsel for the appellant and Sri Shashi Nandan, learned Senior Advocate assisted by Sri Ashish Kumar Singh, learned counsel for the respondents.

(2.) This appeal is directed against the judgment and decree dated 18.04.2015 passed by the Additional District Judge (Court No.7), Ghaziabad in Civil Appeal No.171 of 2012 filed against the judgment and decree dated 18.08.2012 in Original Suit No.608 of 1982.

(3.) The brief facts of the case are that an Original Suit No.608 of 1982 was filed by the plaintiff-respondents against one Smt. Prem Lata wife of Prem Manohar. In the said suit, the appellant was impleaded as one of the defendants. The suit was decreed by the trial court and Civil Appeal No.171 of 2012 was filed by the defendant-appellant challenging the decree of specific performance of agreement of the suit property on the ground that a Will dated 13.05.1978 was executed by the original owner, Late Sri Prem Manohar in her favour. On the basis of the said will, she is the sole owner in possession of the suit property. This appeal has been dismissed alongwith the connected appeals by the judgment and decree dated 18.04.2015. The trial court and the lower Appellate Court, have recorded a concurrent finding that the appellant had failed to prove the Will in her favour and hence cannot be said to be owner of the suit property.