SHYAM BAHADUR SINGH Vs. KAULA DEVI

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) This second appeal under Sec. 100 of Code of Civil Procedure, 1908 is directed against the judgment dated 31.07.2018 and decree dated 10.08.2018 passed by Additional District Judge-1st, Basti in Civil Appeal No. 318 of 1986 confirming the judgment and decree dated 23.09.1986 passed by Munsif, Basti in Original Suit No. 320 of 1983.

(3.) According to the plaint case, Jamuna Singh, died on 03.12.1982 issueless and consequently, plaintiff no. 1 being real sister succeeded the rights in bhumidhari property. According to her, defendant Shyam Bahadur Singh has no right and by impersonation, he got a Will executed and registered on 03.12.1982. Since, the Will was a forged and fabricated document and got registered by impersonation, it was null and void and was having no binding effect upon the plaintiff and hence the suit declaring the document of Will to be null and void and be cancelled as such. It is also alleged in the plaint that the defendant appellant was not in possession over the suit property.