SHARAFAT KHAN Vs. SHAKOOR AND ANOTHER

JUDGEMENT

(1.) Heard Shri R.P. Mishra, the learned Counsel holding the brief of Sri B.B. Paul, the learned Counsel for the plaintiff-appellant and Shri Vishnu Kumar Singh, the learned Counsel for the defendant-respondents.

(2.) The plaintiff has filed the present appeal having lost from both the Courts below. It transpires that the plaintiff filed a suit for a declaration that he is the owner of the property in dispute on the basis of a registered Will dated 20.1.1976 issued in his favour by Amjad Ali, who died on 30.1.1976. This suit was resisted by the defendants on the ground that the wife of Amjad Ali, namely, Smt. Dukhani was the actual owner of the property in dispute, who executed a Will dated 2.1.1976 in favour of the defendant No. 1, Shakoor and, on that basis, the defendant came in possession of the property in question. On the basis of the pleadings, the issues were framed and, the trial Court, after considering the evidence, dismissed the suit holding that the plaintiff could not prove the Will in his favour and that the defendants also could not prove the Will in his favour. The trial Court further found that the Will alleged to have been executed by Smt. Dukhani in favour of the defendant was a forged document. The trial Court, however, held that the defendant No. 1, Shakoor was entitled to the property, as he was the nephew of Smt. Dukhani.

(3.) It has come on record that the plaintiff and the defendants had admitted that Smt. Dukhani was the true owner of the property in question and she had remarried Amjad Ali. Whereas Smt. Dukhani died on 10.1.1976, her second husband, Amjad Ali died on 13.1.1976.