SMT. MOBINA BEGUM Vs. NARENDRA KUMAR

JUDGEMENT

(1.) This is defendant's second appeal under Sec. 100,C.P.C.

(2.) The plaintiff filed a suit for cancellation of will dated 31.10.1995 which his father has executed in favour of defendant no. 1 in respect of his entire property. The plaintiff is the only son of late Murari Lal. The trial court dismissed the suit on the ground that the will was a registered document and on the same day an agreement to sell was also executed by late Murari Lal, father of the plaintiff.

(3.) Plaintiff's case was that he is the only son of late Murari Lal and he has three sisters also who are married. Father of the plaintiff was living with him and plot no. 176, khasra no. 787, area 0.191 hectare, was leased in his favour by Gaon Sabha. Both father and the plaintiff were in possession over the said agricultural plot. His father died on 22.11.2008 and his mother also died on 31.2009 and thereafter the plaintiff continued to be in possession over the suit property. However, later the plaintiff came to know that defendant no. 1 got a registered will executed in her favour. Relationship of plaintiff with his father was very cordial and affectionate and his father has no relationship with defendant no. 1. The defendant no. 1 and one of the property dealer-Abid Ali who was also attesting witness of the will and Pradhan of the village, hatched a conspiracy and sometime in 1995 near Dushhara festival they had taken plaintiff's father to the court on pretext of making him a surety of bail. His father was an illiterate and simple person and taking advantage of his simplicity, the defendants have got the registered will executed by his father by playing fraud, hence the plaintiff sought relief for cancellation of the said will.