FAGGAN Vs. BHAGWAN SAHAY

JUDGEMENT

(1.) -HEARD Sri R. S. Maurya, learned Counsel for the plaintiff/appellants and Sri S. S. Singh, learned Counsel for the defendant/respondents.

(2.) THE instant second appeal arises out of the judgment and decree dated 7. 11. 1996 passed by the XV Additional District Judge, Meerut, in civil appeal No. 76 of 1994 confirming the judgment and decree dated 8. 4. 1994 passed by the Trial Court in original suit No. 409 of 1979.

(3.) THE original suit was instituted for cancellation of the Will dated 14. 12. 1966 executed by one Khachedu in favour of the defendants. The plaintiff's case is that Khachedu had three sons namely Faggan (plaintiff), Bhagwan Sahai and Man Singh (defendants ). Khachedu died on 16. 7. 1977. The plaintiff moved an application for mutation of his name over his 1/3 share, which was contested by the defendants on the basis of the Will dated 14. 12. 1966. Claim of the plaintiff/appellants is that the said Will is forged document and it was prepared only with an intention to grab share of the plaintiff. The plaintiff also claimed that the property was purchased by Khachedu from finances provided by the plaintiff. The defendants disputed the plaint case and denied that the plaintiff is son of Khachedu but it was pleaded that the plaintiff is son of Bhinka.