GANGA PRASAD Vs. MUNNA LAL & OTHERS

JUDGEMENT

(1.) Heard Mohd.Arif Khan, learned Senior Advocate assisted by Mohd. Aslam Khan, learned counsel for the appellant and Mr. Daya Shanker Tripathi, learned counsel for the respondents.

(2.) The second appeal has been filed under Section 100 C.P.C. against the judgment and decree dated 23.9.2000 passed in Civil Appeal No.110 of 1995; Ganga Prasad Vs. Munna Lal and others arising out of the judgment and decree dated 7.10.1995 passed in Civil Suit No.259 of 1990; Smt. Sahodara Vs. Munna Lal and others, whereby the suit for cancellation of a Will Deed dated 7.1.1987 filed by the appellant/plaintiff was dismissed and the appeal preferred by the appellant/plaintiff was also dismissed.

(3.) As per the facts of the case as borne out from the records, Smt. Sahodara (predecessor in interest) of present appellant Ganga Prasad had filed the suit for cancellation of Will Deed dated 7.1.1987 basically on the ground that the said Will Deed is based on fraud, forgery and deceit. There was no reason for execution of the alleged Will Deed in favour of respondent no.1 by Smt. Nand Rani, the mother of the appellant/plaintiff. As per the pedigree given in the plaint, Thakur Prasad was the original owner of the property in question. The wife of Thakur Prasad was Smt. Nand Rani. After the death of Thakur Prasad his movable and immovable property was inherited by his widow Smt.Nand Rani. Thakur Prasad had two daughters only and no son. The names of the daughters were Smt.Sahodara (Plaintiff) and Smt.Sundara. Munna Lal, defendant/respondent no.1 was the son of Smt.Sundara. In fact, Smt.Sundara had three children; namely, Maiku Lal, Munna Lal and Brij Mohan. As per the plaintiff, Munna Lal was a very cunning person and in order to deprive the plaintiff from her property he by setting up an imposter got a Will Deed executed in his favour by Smt. Nand Rani. On the basis of the said Will Deed no right will accrue in his favour as both the daughters; namely Smt.Sahodara and Smt.Sundara are in possession over the property in question. The descriptions of the property as given in the plaint, it consisted of the land at Plot No.1381 measuring 01 bigha 09 biswa, Plot No.1392 measuring 14 biswa 08 biswansi, Plot No.1393 measuring 01 bhigha 10 biswa, Plot No.1394 measuring 01 bhigha 04 biswa, Plot No. 1541 measuring 01 bhigha 02 biswa, Plot No.1233 measuring 01 biswa 10 biswansi, Plot No. 1355 measuring 06 biswa 10 biswansi, Plot No.1312 measuring 08 biswa and Plot No.1354 measuring 11 biswa, situated in village Khawajamipur Pargana Sikandarpur Tehsil and District Unnao.